Terms of service

Effective 2026-09-17 Last updated 2026-09-20

These Terms of Service ("Terms") are an agreement between Mighty Incredible LTD, doing business as palmsend ("palmsend," "we," "us," or "our"), and the church or other religious organization that creates or uses a palmsend account ("you" or the "church").

If you create an account or use palmsend on behalf of a church, you represent that you are at least eighteen years old and have authority to act for and bind that church to these Terms.

By creating an account or using palmsend, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy.

1. The palmsend service

palmsend is a communication service for churches and similar religious organizations in the United States.

The service may include phone numbers, text messaging, contact lists, groups, message history, replies, opt-in and opt-out records, carrier registration, billing, and related tools.

The availability and operation of some features depend on third parties, including messaging providers, mobile carriers, The Campaign Registry, payment processors, hosting providers, and other service providers.

palmsend is not an emergency communication service. You must not rely on it to contact emergency services or as the sole means of delivering urgent, life-safety, medical, security, or other time-critical communications.

2. Accounts and authorized users

You must provide accurate and current information when creating and maintaining your account.

You are responsible for activity that occurs through your account and for the people you authorize to use it.

Account owners may invite or remove other users and may be able to change billing, messaging, registration, and other account settings. The church is responsible for the actions of its owners and other authorized users.

You are responsible for maintaining the security of the email accounts, devices, and other credentials used to access palmsend.

If you believe an account or credential has been accessed without authorization, contact us promptly at help@palmsend.com.

We may send notices about the account or service to account owners by email or through the service.

3. Your messaging responsibilities

You control whom your church contacts, the content it sends, and the purposes for which it uses palmsend.

You are responsible for ensuring that your use of palmsend complies with applicable law, carrier and messaging-network requirements, these Terms, and our Acceptable Use Policy.

Consent

You may send messages only to people you are permitted to contact.

For recurring text messaging programs, you must obtain the recipient's affirmative consent to receive text messages from your church before sending those messages, except where applicable law and carrier rules permit a different form of consent for a particular interaction.

Consent to receive email, telephone calls, or other communications does not by itself constitute consent to receive recurring text messages.

You may not use purchased, rented, scraped, borrowed, shared, or other third-party contact lists unless every recipient has separately provided the consent required to receive the particular text messages you send.

When you manually add, import, or otherwise submit a recipient to palmsend, you represent that you have any permission required to contact that person.

You are responsible for maintaining sufficient records of consent and must provide reasonable evidence of consent to palmsend if we request it.

Opt-outs

Recipients may withdraw consent at any time.

palmsend may automatically process common opt-out keywords such as STOP, CANCEL, END, QUIT, and UNSUBSCRIBE.

You must also promptly honor any clear request from a recipient to stop receiving messages, even if the recipient does not use one of palmsend's automated keywords.

You may not intentionally bypass an opt-out by re-adding a recipient, changing phone numbers, using another account, or otherwise attempting to continue messaging someone who has withdrawn consent.

A recipient who has opted out may receive messages again only after taking an action that provides any new consent required for the messaging program.

Compliance tools

palmsend may provide forms, templates, automated opt-out handling, registration assistance, consent records, messaging notices, or other tools intended to help churches operate their messaging programs.

These tools are provided for convenience. They are not legal advice and do not guarantee that your messaging program complies with every law, regulation, carrier rule, or industry requirement.

You remain responsible for your messaging program and for determining the requirements that apply to it.

4. Messaging terms and privacy notices

Each church is responsible for maintaining accurate disclosures for its messaging program, including any messaging terms and privacy notices required by applicable law, messaging providers, or mobile carriers.

palmsend may generate and host messaging terms, privacy notices, opt-in forms, or similar disclosures on your behalf using information you provide.

You are responsible for reviewing those disclosures and ensuring that they accurately describe your church and its messaging practices.

If you use your own website, form, QR code, keyword advertisement, paper form, verbal process, or other method to obtain text-message consent, you are responsible for ensuring that the method includes the disclosures required for your messaging program.

These may include, as applicable:

  • the church or program name;
  • a description of the messages a person is agreeing to receive;
  • message-frequency information;
  • notice that message and data rates may apply;
  • instructions for opting out;
  • instructions for obtaining help; and
  • links to applicable messaging terms and privacy notices.

5. Carrier registration

Application-to-person text messaging in the United States is subject to registration, verification, and other requirements imposed by messaging providers and mobile carriers.

For 10DLC messaging, this generally includes registration of the church and its messaging campaign through our messaging provider and The Campaign Registry.

You authorize palmsend to submit information you provide about your church, its representatives, and its messaging program to our messaging provider, The Campaign Registry, mobile carriers, and other parties involved in registration and message delivery.

You represent that registration information you provide is complete, accurate, and current.

You agree to promptly provide additional information or documentation reasonably required to complete or maintain registration.

Registration approval is controlled by third parties and is not guaranteed by palmsend. Registration may be rejected, delayed, suspended, or require changes or resubmission.

Messages may be unavailable until required registration is approved.

Carriers and messaging providers may also change their requirements, suspend registrations, restrict traffic, impose fees, or block messages or phone numbers.

palmsend is not responsible for a carrier or messaging provider rejecting, delaying, filtering, blocking, or suspending messaging that is outside our reasonable control.

6. Acceptable use

You may use palmsend only for lawful purposes consistent with these Terms and our Acceptable Use Policy.

You may not use palmsend for unlawful, fraudulent, deceptive, abusive, harassing, unsolicited, or misleading communications.

You may not:

  • impersonate another person or organization;
  • conceal or misrepresent who is sending a message;
  • interfere with opt-outs or consent records;
  • evade carrier or messaging-provider restrictions;
  • use another church's identity or registration;
  • resell or provide palmsend messaging services to another organization without our written permission;
  • attempt to gain unauthorized access to palmsend or another account;
  • disrupt, probe, attack, or interfere with the service;
  • reverse engineer the service except where applicable law expressly permits it; or
  • use palmsend in a manner prohibited by mobile carriers, our messaging providers, or our Acceptable Use Policy.

We may review account activity, message content, sending patterns, registration information, complaints, and related information as reasonably necessary to operate and secure the service, investigate possible abuse, respond to carrier or provider requests, and enforce these Terms.

7. Customer Data

"Customer Data" means contacts, names, phone numbers, email addresses, groups, messages, consent records, registration information, and other information or content that you or your users provide through palmsend.

As between you and palmsend, you retain your rights in Customer Data.

You grant palmsend a non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Data only as reasonably necessary to:

  • provide and operate the service;
  • deliver and receive messages;
  • maintain messaging and consent records;
  • register and maintain messaging programs;
  • provide support;
  • secure and protect the service;
  • comply with law and applicable carrier requirements; and
  • otherwise process the information as described in our Privacy Policy.

You represent that you have the rights, permissions, and authority necessary to provide Customer Data to palmsend and to use it through the service.

You are responsible for your collection and use of Customer Data and for responding to requests or disputes involving information that your church controls.

Before closing your account, you should export or otherwise obtain any Customer Data that you need to retain. Contact us if you need reasonable assistance obtaining a copy of your contact list while the account remains active.

8. Phone numbers

Phone numbers made available through palmsend are assigned for use with the service.

These Terms do not convey an ownership interest in any telephone number.

The availability, assignment, continued use, reassignment, release, and portability of phone numbers are subject to applicable law and the rules, technical capabilities, and procedures of our messaging providers and carriers.

If you want to request transfer or porting of a phone number, contact palmsend before closing the account.

We will reasonably cooperate with a valid portability request where required and technically available, but we cannot guarantee that every number can be retained, transferred, or ported.

9. Plans, texts, billing, and taxes

The price, included texts, billing period, rollover rules, and available top-up options for your plan are shown when you subscribe and in the service.

Unless otherwise stated, subscription fees are charged in advance and automatically renew until canceled.

Texts

Text-message usage is measured in texts. One text is one message segment, or another unit displayed by palmsend.

The number of segments used by a message can depend on its length, characters, encoding, recipient count, and applicable messaging-network rules.

palmsend will display the expected number of texts a message will use before sending when reasonably possible.

Unused texts expire according to the rollover or expiration rules shown for your plan.

Unless otherwise stated, texts:

  • are used in expiration order;
  • have no cash value;
  • cannot be transferred between unrelated accounts; and
  • are forfeited when the applicable account or subscription ends after any permitted use period.

Automatic top-ups

If you enable automatic top-ups, you authorize palmsend and our payment processor to charge your payment method for the top-up amount displayed in the service when your available balance is insufficient under the rules shown for that feature.

You may disable automatic top-ups through your account settings.

Payment

Payments are processed by a third-party payment processor.

You authorize us to charge the payment method associated with your account for subscription charges, authorized top-ups, applicable taxes, and other charges disclosed to you before they are incurred.

If payment fails, is reversed, or is disputed, we may limit or suspend sending until payment is resolved.

Taxes

Fees do not include taxes unless expressly stated.

We may collect sales, use, or other taxes where required.

If your church claims a tax exemption, you are responsible for providing valid documentation that we reasonably request.

Cancellation and refunds

You may cancel your subscription at any time.

Unless otherwise stated when you subscribe, cancellation takes effect at the end of the current paid billing period.

Fees are nonrefundable except where required by law or expressly stated otherwise.

No refund or credit is owed for partial billing periods, unused service, or unused texts unless required by law.

Price changes

We may change subscription prices or plan terms.

For an existing paid subscription, we will provide at least thirty days' notice before a material price increase takes effect, unless a shorter period is required because of taxes, carrier charges, government fees, or similar costs outside our reasonable control.

10. Suspension and termination

You may cancel your subscription or close your account through the service or by contacting us.

We may restrict, suspend, or terminate an account when we reasonably believe that:

  • you have violated these Terms or our Acceptable Use Policy;
  • messages may violate applicable law or carrier requirements;
  • consent records appear missing, inaccurate, or insufficient;
  • registration information is false, incomplete, or misleading;
  • the account presents a security, fraud, abuse, or spam risk;
  • recipient complaints or messaging patterns indicate possible abuse;
  • a carrier, messaging provider, regulator, or other authorized party requires or requests action;
  • payment is overdue, reversed, or disputed; or
  • suspension is reasonably necessary to protect palmsend, our providers, mobile networks, recipients, or other customers.

Where reasonably practicable, we will provide notice and an opportunity to resolve the issue.

We may suspend service immediately when delay could create legal, regulatory, security, financial, or carrier-network risk.

Suspension or termination may result in messages being held, canceled, or not delivered.

When an account closes, access to the service ends and Customer Data is handled according to our Privacy Policy.

We may discontinue palmsend or a material part of the service. If we discontinue the service generally, we will provide reasonable advance notice when practicable.

11. Third-party services and availability

palmsend depends on third-party services and communications networks that we do not control.

Text messages can be filtered, delayed, rejected, duplicated, modified by network handling, or not delivered.

We do not guarantee:

  • continuous or uninterrupted availability;
  • delivery of any particular message;
  • delivery within a particular amount of time;
  • availability of a particular phone number;
  • approval or continued approval of a messaging registration; or
  • uninterrupted operation of a third-party service.

We may perform maintenance, change features, replace providers, or modify the service from time to time.

We are not responsible for failures or delays caused by events outside our reasonable control, including carrier outages, internet failures, utility failures, government actions, natural disasters, labor disputes, cyberattacks, or failures of third-party infrastructure.

12. Intellectual property

palmsend and the software, interfaces, designs, documentation, branding, logos, and other materials we provide are owned by Mighty Incredible LTD or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use palmsend for your church's internal communication purposes during your subscription.

Except as permitted by applicable law, you may not copy, modify, sell, license, resell, reverse engineer, or create derivative works from palmsend or use our intellectual property outside the service without our written permission.

These Terms do not transfer ownership of Customer Data to palmsend.

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PALMSEND IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT PALMSEND WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME, OR THAT MESSAGES WILL BE DELIVERED.

WE DO NOT WARRANT THAT USE OF PALMSEND, ITS TEMPLATES, REGISTRATION ASSISTANCE, CONSENT TOOLS, OR OTHER FEATURES WILL CAUSE YOUR MESSAGING PROGRAM TO COMPLY WITH EVERY APPLICABLE LAW OR CARRIER REQUIREMENT.

Some jurisdictions do not permit certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PALMSEND AND MIGHTY INCREDIBLE LTD, AND THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR USE OF THE SERVICE, ARISING OUT OF OR RELATED TO PALMSEND OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PALMSEND AND MIGHTY INCREDIBLE LTD FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO PALMSEND DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if a remedy fails of its essential purpose or we were advised that damages were possible.

Some jurisdictions do not permit certain limitations of liability, so some of these limitations may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Mighty Incredible LTD, palmsend, and their owners, officers, employees, contractors, and agents from and against third-party claims, proceedings, damages, penalties, fines, losses, liabilities, and reasonable attorneys' fees and costs arising out of or related to:

  • messages sent or attempted through your account;
  • the content of your messages;
  • the people you contact;
  • your failure to obtain, document, maintain, or honor required consent;
  • your opt-in or opt-out practices;
  • Customer Data;
  • information you provide for carrier or messaging registration;
  • your violation of applicable messaging, privacy, consumer-protection, or other laws;
  • carrier or messaging-provider penalties resulting from your conduct;
  • your violation of our Acceptable Use Policy;
  • your violation of another person's rights; or
  • your breach of these Terms.

We will provide reasonable notice of an indemnified claim when practicable.

You may control the defense of the claim with counsel reasonably acceptable to us, but you may not settle a claim in a manner that admits wrongdoing by palmsend, imposes obligations on palmsend, or requires palmsend to pay money without our written consent.

We may participate in the defense with counsel of our choosing at our own expense.

16. Governing law and disputes

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law principles.

Any lawsuit arising out of or relating to these Terms or palmsend must be brought in a state court located in Pickaway County, Ohio, or, when federal jurisdiction exists, in the United States District Court for the Southern District of Ohio.

You and palmsend consent to personal jurisdiction and venue in those courts.

Nothing in this section prevents either party from seeking temporary or injunctive relief in an appropriate court to protect intellectual property, confidential information, account security, or against unauthorized use of the service.

17. Changes to these Terms

We may update these Terms from time to time.

When we do, we will update the date at the top of this page.

For material changes that affect existing paid customers, we will provide reasonable notice, generally at least thirty days before the changes take effect.

Changes required to comply with law, carrier requirements, messaging provider requirements, security needs, or abuse-prevention measures may take effect sooner when reasonably necessary.

Your continued use of palmsend after updated Terms take effect constitutes acceptance of the updated Terms.

If you do not agree to a material change, you may stop using palmsend and cancel your subscription.

18. General terms

Entire agreement

These Terms, the Privacy Policy, the Acceptable Use Policy, and any plan or order information presented when you subscribe constitute the agreement between you and palmsend regarding the service.

They replace prior agreements or understandings concerning the same subject.

Assignment

You may not assign or transfer these Terms without our written consent.

We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the palmsend business.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be enforced to the greatest extent permitted by law.

Waiver

A failure to enforce a provision of these Terms is not a waiver of that provision or any other provision.

No third-party beneficiaries

Except as expressly stated in these Terms, they do not create rights for any person or entity other than you and palmsend.

Survival

Provisions that by their nature should survive termination will survive, including provisions concerning unpaid fees, intellectual property, warranty disclaimers, limitations of liability, indemnification, disputes, and these general terms.

19. Contact us

Email:

help@palmsend.com

Mail:

palmsend
Mighty Incredible LTD
11870 Walker Rd
Ashville, OH 43103
United States