Tollkit — TERMS OF SERVICE
Effective date: 2026-09-07
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DRAFT — NOT YET REVIEWED BY COUNSEL.
This document was drafted to match what the software actually does. It is not
legal advice and must be reviewed by a licensed attorney in Maryland before
the service accepts real money. Placeholders in double braces are filled from
configuration at deploy time; confirm each one is correct before launch.
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1. WHO WE ARE AND WHAT THIS COVERS
Tollkit is operated by Joseph E. Henry Jr, a limited liability company organized
under the laws of the State of Maryland, United States ("we", "us").
These Terms govern all use of the Tollkit service ("the Service"), including
the Model Context Protocol endpoint at https://mcp.tollkit.dev/mcp, the HTTP endpoint, and any
other interface we make available.
The Service is a hosted, pay-per-use API. No software is distributed to you.
You are not granted a licence to any code, and no code is downloaded, copied,
or installed on your systems by using the Service.
2. ACCEPTANCE BY CONNECTION
THERE IS NO SIGN-UP, NO ACCOUNT, AND NO CLICK-THROUGH. Connecting to the
Service and issuing a request constitutes your acceptance of these Terms. If
you do not agree to these Terms, do not connect to the Service.
If you operate an autonomous software agent that connects to the Service, you
accept these Terms on that agent's behalf and you are responsible for
everything it does. "You" includes any agent acting under your control, with
your credentials, or funded by your wallet.
We may change these Terms. The current version is always published at the
/terms path of the Service, and the effective date above reflects the last
change. Continuing to connect after a change constitutes acceptance of the
changed Terms. For material changes we will make reasonable efforts to give
advance notice at that URL. Because the Service has no accounts, we cannot
notify you individually, and you are responsible for checking.
3. WHAT THE SERVICE DOES
On request, the Service sends a single SMS message to a single United States
telephone number, from a toll-free number registered to us and verified with
the relevant carriers.
Each request is priced and paid per message using the x402 protocol: the
Service quotes a price, you sign a transfer authorization with your own wallet,
and settlement occurs in USDC on the Base network.
WE NEVER HOLD YOUR PRIVATE KEYS. We never take custody of your funds beyond
the amount you authorize for a specific message. We cannot initiate a transfer
from your wallet; every payment requires a signature you produce.
4. YOUR OBLIGATIONS — CONSENT IS THE WHOLE THING
You may only request a message to a recipient who has given prior express
consent to receive text messages relating to the subject of that message.
You are the sender for the purposes of the Telephone Consumer Protection Act
(47 U.S.C. § 227), its implementing regulations, and any analogous state law.
We are your service provider. WE DO NOT AND CANNOT VERIFY THAT YOUR RECIPIENT
CONSENTED. That obligation is yours, it is not delegable to us, and nothing in
these Terms or in our compliance screening shifts it.
You must:
(a) obtain and retain evidence of each recipient's prior express consent,
sufficient to defend a claim, before requesting any message to them;
(b) honour opt-out requests you receive by any channel, immediately;
(c) send only messages within the scope of the consent you obtained;
(d) not use the Service for marketing to any number on the National or any
state Do Not Call registry absent an applicable exemption;
(e) not send between 9:00 PM and 8:00 AM in the recipient's local time,
where applicable law restricts the hour;
(f) accurately identify yourself in the message where required.
You may not use the Service to send, and we may refuse:
(i) content in the categories US carriers prohibit on toll-free messaging
— sexual content, hate speech, alcohol, firearms, tobacco, cannabis —
or content relating to high-risk financial services, gambling, or
unlawful substances;
(ii) phishing, credential harvesting, or messages impersonating another
person or organization;
(iii) malware, or links to it;
(iv) threats, harassment, stalking, or messages to a person who has asked
you to stop;
(v) election disinformation or content prohibited by carrier policy;
(vi) anything unlawful in the recipient's jurisdiction or in ours.
5. SCREENING, REFUSAL, AND THE NO-CHARGE RULE
Every request passes an automated compliance gate before any payment settles.
The gate may refuse a request because the recipient is not a valid US number,
because the recipient has opted out, because the content matches a prohibited
category, because your wallet has exceeded a rate limit, or because your wallet
has been blocked.
WHEN WE REFUSE, YOU ARE NOT CHARGED. Refusal happens before settlement is
attempted, so no transfer occurs. A refusal returns a machine-readable reason.
Our screening is automated, imperfect, and conservative. It will sometimes
refuse a message that would have been lawful. THAT IS NOT A BREACH BY US AND
GIVES RISE TO NO CLAIM. Conversely, the fact that our gate ALLOWED a message
is not evidence that the message was lawful, is not a representation that it
was, and is not a defence available to you.
We may refuse any request, block any wallet, or suspend the Service at any
time, for any reason or none, with or without notice.
6. PAYMENT, PRICING, AND REFUNDS
The current price is quoted in the payment requirements returned by the Service
on each unpaid request. That quote governs. We may change prices at any time;
changes take effect for requests made after the change.
Settlement is on-chain and irreversible. Once a message has been dispatched to
the carrier, WE DO NOT ISSUE REFUNDS. In particular there is no refund because
a message was not delivered, was delivered late, was blocked by a carrier or
handset, or did not produce the result you wanted. Carrier delivery is outside
our control.
If a payment settles and we then fail to dispatch the message due to our own
error, we will refund that payment to the paying wallet. That is your sole
remedy for a failed dispatch. We identify these cases from our own logs; if you
believe one has been missed, contact hello@tollkit.dev with the transaction hash within
30 days.
Blockchain transaction fees, wallet fees, and any gas are your responsibility
and are not refundable in any circumstance.
7. NO GUARANTEE OF DELIVERY OR UPTIME
The Service depends on third parties — a telecommunications provider, mobile
carriers, a payment facilitator, a blockchain network, and hosting
infrastructure — none of which we control.
WE DO NOT GUARANTEE THAT ANY MESSAGE WILL BE DELIVERED, that it will be
delivered within any period, or that the Service will be available at any
particular time. There is no service level agreement. There is no uptime
commitment. Carriers filter and block messages at their own discretion and
without telling us why.
8. SUSPENSION AND TERMINATION
We may suspend or permanently block any wallet or any pattern of use, at any
time, without notice and without refund of amounts already settled, including
where we believe in good faith that use of the Service violates these Terms,
threatens our carrier standing or toll-free registration, or exposes us to
legal risk.
You may stop using the Service at any time. There is nothing to cancel.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM
ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPLIANCE SCREENING
DESCRIBED IN SECTION 5 WILL DETECT ANY PARTICULAR UNLAWFUL OR PROHIBITED
MESSAGE. THE SCREENING IS A RISK-REDUCTION MEASURE FOR OUR OWN CARRIER
STANDING. IT IS NOT A COMPLIANCE SERVICE PROVIDED TO YOU AND YOU MAY NOT RELY
ON IT AS ONE.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY,
ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL
NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN
THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM,
OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
Some jurisdictions do not allow certain exclusions or limitations. Where that
is so, the exclusions and limitations above apply to the maximum extent
permitted, and the remainder of this section remains in force.
11. INDEMNIFICATION
You will indemnify, defend, and hold harmless Joseph E. Henry Jr and its members,
officers, employees, and agents from and against any claim, demand, action,
proceeding, loss, liability, damage, fine, penalty, cost, and expense
(including reasonable attorneys' fees) arising out of or relating to:
(a) any message you requested through the Service;
(b) your failure to obtain or honour recipient consent;
(c) any claim under the Telephone Consumer Protection Act, the Telemarketing
Sales Rule, CAN-SPAM, the Maryland Telephone Consumer Protection Act
(Md. Code, Com. Law § 14-3201 et seq.), the Maryland Stop the Spam Calls
Act of 2023, the Maryland Consumer Protection Act, any other state
telemarketing or consumer protection statute, or any analogous law,
arising from a message you requested;
(d) your violation of these Terms or of any applicable law;
(e) any claim by a carrier or by our telecommunications provider arising from
your traffic.
This section survives any termination of your use of the Service.
12. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of Maryland, without
regard to its conflict-of-laws rules.
Any dispute arising out of or relating to these Terms or the Service must be
brought exclusively in the state or federal courts located in Anne Arundel,
Maryland, and you consent to the personal jurisdiction of those courts and
waive any objection to that venue.
YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
YOU AND WE EACH AGREE THAT ANY CLAIM MAY BE BROUGHT ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS,
COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
13. GENERAL
Entire agreement. These Terms, together with the Privacy Policy published at
the /privacy path, are the entire agreement between you and us regarding the
Service and supersede any prior understanding.
Severability. If any provision is held unenforceable, it will be limited or
severed to the minimum extent necessary and the remaining provisions remain in
full force.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them to a successor
in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by events
beyond our reasonable control, including carrier outages, network congestion,
blockchain reorganizations or halts, facilitator failure, acts of government,
or natural disaster.
Export and sanctions. You represent that you are not located in, and are not
acting on behalf of anyone located in, a jurisdiction subject to comprehensive
US sanctions, and that you are not a person with whom US persons are prohibited
from dealing.
Relationship. Nothing here creates a partnership, joint venture, employment, or
agency relationship between you and us.
14. CONTACT
Joseph E. Henry Jr
Maryland, United States
hello@tollkit.dev