Terms of Use

“Platform” means Amplify’s websites, hosted software, cloud-based environments, web applications, mobile applications, APIs, integrations, automation tools, communications features, AI-enabled tools, document workflows, and related infrastructure made available by Amplify.

“Services” means the products, features, tools, and functionality made available through the Platform, which may include cloud faxing, document transmission, communications tools, messaging, calling, video collaboration, e-sign workflows, fillable forms, OCR and extraction tools, including natural language processing (NLP)-based data classification and extraction, automation tools, AI-assisted workflows, storage, APIs, webhooks, integrations, and related support services.

“Customer Data”  means data, content, records, files, text, communications, documents, images, uploads, and other materials submitted to, transmitted through, stored within, or otherwise made available through the Platform by or on behalf of Customer or Authorized Users.

“Authorized Users” means employees, contractors, agents, representatives, or other users authorized by Customer to access or use the Services.

“Service Data”  means technical logs, diagnostics, telemetry, metadata, usage metrics, operational information, performance information, and system-generated data created in connection with operation of the Platform or Services.

“Supplemental Terms”  means service-specific, commercial, regulatory, privacy, API, or other additional terms governing specific Services, including BAAs, DPAs, order forms, and master service agreements.

“Multi-Year Contract” means a written commitment by Customer for Services for a fixed term of twenty-four (24) months or greater, which may be structured as: (a) a Pre-Paid Plan requiring payment for the full contract term at inception; or (b) a Rate-Locked Commitment providing for annual billing at a fixed rate for the agreed term, provided a written agreement signed by both parties is executed prior to commencement of the term.

"Pre-Paid Plan” means a subscription arrangement in which Customer pays for the full term of a subscription in advance at inception of the term.

"Rate-Locked Commitment” means a written agreement between Amplify and Customer establishing a fixed subscription rate for a specified term, during which automatic annual price adjustments described in Section 19 shall not apply.

“Credits” means usage units allocated to Customer's account pursuant to Customer's subscription plan, which may be applied against applicable transmission, feature, or usage charges as specified in the applicable plan documentation.

Communication Services 

Certain Services may include calling, messaging, secure chat, communications routing, video collaboration, notifications, or similar functionality (“Communications Services”). Customer is solely responsible for obtaining all legally required consents, complying with applicable telecom and privacy laws, managing lawful call recording or monitoring, and ensuring that all outreach practices are authorized.

Communications Services may rely on carriers, telecom networks, internet providers, third-party infrastructure, device manufacturers, external integrations, and service partners. Amplify does not guarantee uninterrupted routing, message delivery, interoperability, network continuity, or successful transmission.

Communications Services may rely on carriers, telecom networks, internet providers, third-party infrastructure, device manufacturers, external integrations, and service partners. Amplify does not guarantee uninterrupted routing, message delivery, interoperability, network continuity, or successful transmission.

Broadcast Fax Compliance.

Where Customer uses the Services to transmit fax communications to multiple recipients or for advertising or promotional purposes ("Broadcast Fax"), Customer represents, warrants, and covenants that:

1. Customer has an established business relationship with each intended recipient (meaning a prior purchase or services transaction within the preceding eighteen (18) months, or an inquiry or application within the preceding three (3) months), or has obtained each recipient's prior express invitation or permission to receive fax advertisements from Customer, as required by the Telephone Consumer Protection Act (47 U.S.C. §227(b)(1)(C)), the Junk Fax Prevention Act, and applicable FCC regulations (47 C.F.R. §64.1200(a)(4)–(5));

2. where Customer relies on an established business relationship, Customer obtained each recipient's fax number either through the recipient's voluntary communication of that number within the context of the business relationship, or from a directory or publicly available source where the recipient voluntarily agreed to make the number available for public distribution, except for numbers Customer lawfully possessed prior to the effective date of the Junk Fax Prevention Act;

3. All fax transmissions sent by or on behalf of Customer include, on the first page of the transmission, a clear and conspicuous notice compliant with 47 C.F.R. §64.1200(a)(4)(iii)–(iv), including (i) a statement that the recipient may request not to receive future fax advertisements from Customer, and (ii) a cost-free domestic telephone number and facsimile number, available to receive opt-out requests twenty-four (24) hours a day, seven (7) days a week;

4.  all fax transmissions sent by or on behalf of Customer identify Customer, in the top or bottom margin of each page or on the first page, together with a telephone number and the date and time of transmission;

5. Customer will honor any opt-out request from a recipient within thirty (30) days, as required by 47 C.F.R. §64.1200(a)(4)(v), and will not transmit further fax advertisements to that recipient following a valid opt-out request;

6. all recipient lists are current, accurate, and reflect any opt-out or removal requests Customer has previously received; and

7. Customer's use of the Broadcast Fax functionality complies with all other applicable federal, state, and local laws governing fax advertising, including any applicable state-law analogs to the TCPA, which in some states impose requirements different from or more restrictive than the federal standard.

Amplify transmits fax communications solely at Customer's direction and does not supply, select, append, or verify recipient fax numbers on Customer's behalf. Amplify does not independently verify Customer's compliance with the foregoing and is not responsible for Customer's failure to comply with applicable fax-advertising law. Customer shall indemnify, defend, and hold harmless Amplify, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, fines, penalties, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising out of or relating to Customer's breach of this Section 6.2 or Customer's violation of applicable fax-advertising law in connection with its use of the Services.

10DLC Carrier Registration.

To send text messages or SMS communications to U.S. wireless phone numbers through the Services, Customer must complete 10-Digit Long Code (10DLC) carrier registration as required by applicable U.S. wireless carrier policies and CTIA guidelines. Customer is solely responsible for completing all required 10DLC campaign and brand registration requirements prior to initiating any SMS messaging campaigns. Failure to complete required registration may result in carrier-side message filtering, blocking, or suspension of messaging traffic. Amplify is not responsible for message delivery failures resulting from Customer's failure to complete applicable carrier registration requirements. Amplify reserves the right to suspend messaging functionality for customers who have not completed applicable carrier registration requirements. Customer must honor all opt-out requests (including STOP, UNSUBSCRIBE, and CANCEL replies) in accordance with CTIA Messaging Principles and Practices.

Customer shall indemnify Amplify, its affiliates, and its telecom/carrier partners against all claims, fines, penalties, and liabilities arising from Customer's failure to complete required 10DLC registration or other applicable carrier/regulatory requirements.

Customer Ownership

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Amplify does not acquire ownership of Customer Data.

Limited License to Amplify

Customer grants Amplify a limited, non-exclusive, worldwide license to host, process, store, display, reproduce, transmit, analyze, and otherwise use Customer Data solely as reasonably necessary to provide, maintain, support, secure, and improve the Services, comply with applicable law, and enforce Amplify's contractual rights. This license does not permit Amplify to use Customer Data for purposes outside the scope of providing the Services, including that any use of Customer Data to develop, train, or improve AI or machine learning models is governed exclusively by Section 7, not this Section 8.2.

Service Data

Amplify retains all right, title, and interest in Service Data.

Aggregated Statistics

Amplify may create de-identified, anonymized, or aggregated statistical information derived from use of the Services (“Aggregated Statistics”), provided such information does not identify Customer or any individual.

 AI and OCR Outputs

Unless otherwise expressly agreed, outputs generated through OCR, extraction, summarization, classification, automation, or other AI Features that are derived from Customer Data remain Customer Data, excluding Service Data and Aggregated Statistics.

Public Contributions

Customer Data, regulated content, communications, uploaded documents, records, PHI, and operational materials are not treated as public user contributions unless expressly designated by Customer for public-facing submission, publication, or interactive display.

Unlawful or Unauthorized Conduct

Violating applicable federal, state, local, or international law; using the Services for unlawful, fraudulent, deceptive, abusive, or unauthorized purposes; impersonating another person or entity; or misrepresenting identity, authorization, or affiliation.

Data and Healthcare Misuse

Uploading, transmitting, disclosing, storing, or processing data without lawful authorization; using the Platform in violation of HIPAA, HITECH, privacy, healthcare, telecom, export, or data-security laws; using the Platform for unlawful patient outreach, unauthorized PHI disclosures, fraudulent medical workflows, or impermissible regulated communications; or processing regulated data contrary to contractual restrictions.

AI and Automation Misuse

Using AI Features or automation tools to create unlawful, deceptive, discriminatory, harmful, or unauthorized outcomes; or relying solely on AI outputs where independent validation is reasonably required.

Technical Misuse

Interfering with Platform operations; overburdening infrastructure; attempting unauthorized access; scraping, probing, reverse engineering (except where expressly permitted by law), or exploiting security vulnerabilities; introducing malware, harmful code, or malicious automation; or launching denial-of-service attacks.

Communications Misuse

Using Communications Services for spam, robocalling, unlawful messaging, deceptive routing, fraudulent outreach, or unauthorized recording.

Amplify reserves the right to investigate suspected violations and take appropriate action, including suspension or termination of access.

Security

Amplify maintains administrative, technical, and operational safeguards designed to be appropriate to the Services, subject to documented service limitations. The nature and extent of applicable safeguards are described in the applicable Supplemental Terms, security schedules, or compliance documentation provided to Customer.

No Blanket Compliance Warranty

Except as expressly agreed in writing, Amplify does not represent that Customer’s use of the Services independently satisfies Customer’s legal, regulatory, security, privacy, healthcare, or industry compliance obligations. Customer is responsible for assessing whether the Services meet its specific requirements.

Healthcare and PHI

Where Services involve Protected Health Information (“PHI”) or regulated healthcare obligations, an executed Business Associate Agreement (“BAA”) governs PHI-specific responsibilities. Absent an executed BAA, Customer shall not use the Services for activities that require PHI handling under HIPAA.

Customer Compliance Responsibility

Customer remains responsible for lawful disclosures, required permissions, retention obligations, appropriate security configuration, internal compliance decisions, and all downstream business actions taken in connection with Customer’s use of the Services.

Using Communications Services for spam, robocalling, unlawful messaging, deceptive routing, fraudulent outreach, or unauthorized recording.

Amplify reserves the right to investigate suspected violations and take appropriate action, including suspension or termination of access.

Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFY, ITS AFFILIATES, LICENSORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, OR OPERATIONAL DISRUPTION, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

The foregoing exclusion of indirect damages does not apply to: (a) Customer's Indemnification obligations under Section 16.1; (b) breach of confidentiality obligations; (c) a party's gross negligence or willful misconduct; or (d) liability that cannot be limited or excluded under applicable law.

 Aggregate Liability Cap

To the maximum extent permitted by applicable law, Amplify’s total aggregate liability to Customer under or in connection with these Terms, the Platform, or the Services, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of: (a) the total fees paid or payable by Customer to Amplify in the twelve (12) calendar months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars (USD $100.00) where no fees have been paid. This cap applies regardless of the number or nature of claims, causes of action, or theories of liability, and shall not be expanded by any Supplemental Terms unless expressly stated in a separately executed written agreement signed by an authorized representative of Amplify. Where Customer has executed a Master Services Agreement, the liability limitations set forth in that MSA govern exclusively in lieu of this Section 15.2

Essential Basis

Customer acknowledges that the limitations of liability in this Section 15 reflect a reasonable allocation of risk between the parties and are an essential basis of the bargain between the parties. Amplify would not provide access to the Platform or Services on these terms absent these limitations. Nothing in this Section excludes liability that cannot legally be excluded under applicable law.

Customer Indemnification

The foregoing exclusion of indirect damages does not apply to: (a) Customer's Indemnification obligations under Section 16.1; (b) breach of confidentiality obligations; (c) a party's gross negligence or willful misconduct; or (d) liability that cannot be limited or excluded under applicable law.

Amplify Indemnification (Enterprise Agreements)

Where Customer has executed a separate Master Services Agreement or enterprise Order Form that expressly provides for Amplify’s indemnification obligations, those obligations are governed exclusively by that agreement and not by these Terms. Absent a separately executed agreement, Amplify provides no indemnification obligations to Customer under these Terms.

Entire Agreement

These Terms, together with all applicable Supplemental Terms, the Privacy Policy, BAAs, DPAs, order forms, and service-specific agreements, form the complete agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, and agreements.

Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

Waiver

No failure or delay by Amplify in exercising any right under these Terms will constitute a waiver of that right. A waiver of any breach or default is not a waiver of any subsequent breach or default.

Assignment

Customer may not assign these Terms or any rights or obligations hereunder without Amplify’s prior written consent, except as otherwise required by applicable law. Amplify may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without Customer’s consent, provided Amplify gives prompt written notice of such assignment.

Customers with an MSA. If Customer and Amplify have executed a Master Services Agreement governing the applicable Services, this Section does not apply, and any assignment of the parties’ rights or obligations will be governed exclusively by that Master Services Agreement.

Updates to These Terms

Amplify may update these Terms from time to time. Where legally permitted, continued use of the Platform or Services after the effective date of the updated Terms constitutes acceptance. Amplify will make reasonable efforts to provide advance notice of material changes, such as through email, account notification, or an in-product banner. Where Customer has executed a Master Services Agreement, updates to these Terms that would materially reduce Customer's rights or expand Customer's obligations shall not be effective against such Customer without separate written notice and the opportunity to object as provided in the MSA

Notices

Legal notices may be delivered electronically, through Platform notices, or to designated addresses on file. Notices to Amplify regarding legal matters should be directed to legal@amplify.xyz

Contact Information

Questions about these Terms may be directed to:

Term, Subscription Fees, and Price Adjustments

Term. Except as set forth in a Multi-Year Contract, MSA, or executed Order Form, subscriptions renew automatically for successive terms equal to the then-current billing cycle (monthly or annual, as selected by Customer) unless cancelled in accordance with this Section.

1. Cancellation. Customer may cancel a non-Multi-Year subscription at any time through a self-service online cancellation mechanism available in the account settings panel, or by written notice to [billing/support contact]. For Customers who entered into their subscription online, Amplify will provide an online cancellation method consistent with applicable law. Cancellation is effective at the end of the then-current billing cycle; Amplify does not provide refunds for partial billing periods except as required by applicable law

2. Effect of Termination. Upon expiration or termination of Customer's subscription for any reason, Customer's right to access the Platform and Services ends, subject to Section 19.1 a.iii. (Post-Termination Data Access)

3. Post-Termination Data Access. Following termination or expiration, Amplify will make Customer Data available for export for ninety (90) days, after which Amplify may delete Customer Data in accordance with its data retention practices, except (a) as required by applicable law, or (b) as otherwise specified in an executed BAA or DPA, which shall control for PHI and personal data, respectively.

Subscription Fees. Unless Customer is under a Pre-Paid Plan or Rate-Locked Commitment (each as defined in Section 2), all subscription plans are subject to automatic annual price adjustments at the time of subscription renewal. The adjusted rate will apply upon renewal unless Customer exercises its termination right as described above. Amplify will communicate applicable rate changes in advance of renewal in accordance with the notice provisions of these Terms. 

Price Adjustments. Amplify reserves the right to adjust subscription fees periodically to reflect inflation, market conditions, or operational factors. Amplify will provide advance written notice of any fee adjustment no less than thirty (30) days prior to the effective date. Fee adjustments will take effect at the end of the Customer's then-current billing cycle, contract term, or pre-paid period, as applicable. If Customer does not wish to accept the adjusted fees, Customer may terminate its subscription in accordance with the cancellation provisions of these Terms or any applicable Supplemental Terms before the adjusted rates take effect. Continued use of the Services after the effective date of a fee adjustment constitutes Customer's acceptance of such adjustment.

Credits

Credits are usage units allocated to Customer's account pursuant to Customer's subscription plan. Credits are valid during the billing period in which they are allocated and do not carry over to subsequent billing periods. Credits are non-refundable, non-transferable, and may not be redeemed for cash value except as required by applicable law.

Auto Top-Up. 

Where Customer has enabled Auto Top-up (which may be enabled by default on certain plan tiers), Amplify will automatically charge Customer's payment method on file when credit utilization reaches ninety-five percent (95%) of the allocated credit balance. Customer may adjust or disable auto top-up settings through the account settings panel. By activating a plan with auto top-up enabled, Customer authorizes Amplify to charge its payment method for top-up amounts in accordance with these Terms.

Multi-Year Contracts and Rate-Locked Commitments

Customers who enter into Pre-Paid Plans or Rate-Locked Commitments (each as defined in Section 2) for terms of twenty-four (24) months or greater are entitled to price stability for the agreed contract term. Early termination of a Pre-Paid Plan or Rate-Locked Commitment prior to expiration of the agreed term may result in forfeiture of applicable pricing benefits, discounts, and rate protections, and Customer shall remain liable for fees applicable to a standard subscription plan for the remaining term.

Variable Credit Consumption Rates.

Credit consumption rates may vary based on: (a) transmission quality selected by Customer (e.g., HD quality vs. standard resolution); (b) destination number type (local, toll-free, international); (c) feature usage (e.g., priority sending, OCR extraction, smart template features); and (d) applicable carrier surcharges. Customers are encouraged to review applicable credit rate schedules within the account settings panel. Amplify reserves the right to update credit consumption rates with advance notice in accordance with these Terms.

Free Trial Terms.

Amplify may offer free trial access to the Services for a specified trial period. Free trials are subject to the following conditions: (a) Customer must provide valid payment information to initiate a free trial; (b) Activating paid features during the free trial period — including but not limited to adding fax numbers, enabling API access, enabling premium integrations, or upgrading plan tiers — will immediately terminate the free trial and initiate full subscription billing at the applicable plan rate; (c) If Customer does not activate any paid feature and does not cancel prior to the expiration of the trial period, Amplify will charge Customer's payment method for the applicable subscription plan at the conclusion of the trial period; (d) Free trial periods may not be combined with promotional offers unless expressly stated; (e) Amplify reserves the right to determine trial eligibility and to modify or discontinue free trial offers at any time. NOTICE TO CUSTOMER: BY PROVIDING PAYMENT INFORMATION AND INITIATING A FREE TRIAL, CUSTOMER AUTHORIZES AMPLIFY TO CHARGE CUSTOMER'S PAYMENT METHOD UPON THE OCCURRENCE OF A TRIAL-TO-PAID CONVERSION EVENT AS DESCRIBED ABOVE; (f) Free trial access does not include the right to use the Services in connection with Protected Health Information or other regulated healthcare data. Healthcare customers who require HIPAA-compliant access must execute a Business Associate Agreement prior to using the Services for any PHI-related workflows.

Payment Methods and Terms.

Standard subscription fees are billed to Customer's credit or debit card on file. Enterprise customers may be eligible for additional payment methods, including payment by purchase order (PO) or bank transfer (ACH or wire transfer), subject to Amplify's prior written approval. NET 30 payment terms may be available for eligible enterprise accounts upon execution of a written agreement establishing such terms. Amounts not paid within the applicable payment period are subject to a late fee of the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, plus reasonable collection costs. Amplify reserves the right to suspend Services for accounts with overdue balances, with reasonable advance notice.