Terms of Use

1. Agreement

These Terms of Use (“Terms”) govern access to and use of the answered.co platform (“Platform”) by educational institutions, businesses, and other organizations (“Institution” or “you”). By creating an account or using the Platform, you agree to these Terms on behalf of your organization. If you do not have authority to bind your organization, do not use the Platform.

Fletching Vane LLC, doing business as Answered (“Answered,” “we,” “us”) reserves the right to update these Terms at any time. Material changes will be communicated with reasonable advance notice. Continued use of the Platform after the effective date of changes constitutes acceptance.

2. Eligibility and Accounts

The Platform is available to organizations only — not to individuals acting in a personal capacity. You represent that:

• You are authorized to bind the Institution to these Terms
• The Institution is a legally constituted organization
• All information provided in connection with account creation is accurate

You are responsible for maintaining the confidentiality of account credentials and for all activity under your account. Notify us immediately of any suspected unauthorized access.

3. Permitted Use

The Platform may be used solely to send lawful communications to End Users who have provided valid consent, for purposes consistent with the Institution’s relationship with those recipients (e.g., admissions, enrollment, student services, event notifications, emergency communications).

You may not use the Platform to:

• Send unsolicited commercial messages or spam
• Contact individuals who have opted out
• Transmit content that is unlawful, harassing, discriminatory, deceptive, or obscene
• Impersonate another organization or individual
• Circumvent carrier filtering, opt-out systems, or rate limits
• Harvest or aggregate contact information in violation of applicable law
• Resell, sublicense, or provide Platform access to third parties without Answered’s written consent

4. Messaging Compliance — Institution Responsibilities

You are the sender of record. Answered provides the platform infrastructure; the Institution is the entity legally responsible for the content and lawfulness of each message sent.

You represent, warrant, and covenant that:

5. Data Processing

By using the Platform, you authorize Answered to process personal information transmitted through or to the Platform on your behalf, as described in the Answered Privacy Policy and any applicable Data Processing Agreement (DPA). Where required by applicable law (e.g., GDPR, CCPA), Answered and the Institution will enter into a separate DPA. Contact us at [email protected] to request a DPA.

You represent that you have a lawful basis for sharing End User personal information with Answered and that your privacy notices to End Users accurately describe how their information is processed.

6. Intellectual Property

7. Fees and Payment

Fees are as set forth in your order form or subscription agreement. All fees are non-refundable except as expressly stated. Answered reserves the right to suspend access for non-payment after reasonable notice. Fees are subject to change with 30 days’ advance notice.

8. Suspension and Termination

Answered may suspend or terminate access to the Platform, with or without notice, if:

• You violate these Terms or applicable law
• Your messaging practices generate carrier complaints, blocks, or regulatory scrutiny that threatens the Platform’s deliverability or compliance standing
• You fail to pay amounts owed

Upon termination, your license to use the Platform ceases. Sections 4, 6, 9, 10, 11, and 12 survive termination.

9. Disclaimers

The Platform is provided “as is” and “as available.” Answered makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Answered does not warrant that the Platform will be error-free, uninterrupted, or free of carrier-imposed filtering or delays. Mobile carriers are not agents of Answered and Answered is not responsible for carrier actions.

10. Limitation of Liability

To the maximum extent permitted by law, Answered’s aggregate liability for any claims arising under these Terms will not exceed the fees paid by the Institution to Answered in the 12 months preceding the claim. In no event will Answered be liable for indirect, incidental, special, consequential, or punitive damages, regardless of cause.

11. Indemnification

Institution will indemnify, defend, and hold harmless Fletching Vane LLC d/b/a Answered and its officers, employees, and contractors from any claims, damages, fines, or expenses (including reasonable attorneys’ fees) arising from:

• Institution’s messages, including claims under the TCPA or equivalent state laws
• Institution’s breach of these Terms
• Institution’s violation of applicable law
• Any claim by an End User relating to the content or targeting of messages sent by the Institution

12. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute not resolved informally will be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for IP or data protection matters. The Institution waives any right to a class action proceeding.

13. Miscellaneous

14. Contact