Disclaimer

Important information about our services and limitations

Last updated: June 29th, 2025

General Disclaimer

Last updated: June 29th, 2025.

The information contained on the SMS-iT website (https://www.smsit.ai) and all associated services is for general information purposes only. The information is provided by SMS-iT and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Service Availability

SMS-iT strives to provide continuous service availability, but we do not guarantee that our services will be available at all times. Service interruptions may occur due to:

  • Scheduled maintenance and updates
  • Technical difficulties or system failures
  • Third-party service provider issues
  • Network connectivity problems
  • Force majeure events beyond our control

We reserve the right to suspend or discontinue any part of our services at any time without prior notice. Users are advised to maintain backup communication methods and not rely solely on SMS-iT services for critical business operations.

Accuracy of Information

While SMS-iT makes every effort to ensure that the information provided through our platform is accurate and up-to-date, we cannot guarantee the accuracy, completeness, or timeliness of all information. This includes but is not limited to:

  • Contact information and customer data
  • Message delivery status and timestamps
  • Analytics and reporting data
  • Integration status with third-party services
  • Pricing and billing information

Users are responsible for verifying the accuracy of information before making business decisions based on data provided by SMS-iT services.

Third-Party Services and Integrations

SMS-iT integrates with various third-party services and platforms to provide enhanced functionality. We are not responsible for:

  • The availability, performance, or reliability of third-party services
  • Changes to third-party APIs or service terms
  • Data security practices of integrated third-party services
  • Costs associated with third-party service usage
  • Compliance issues arising from third-party service usage

Users are advised to review the terms of service and privacy policies of all third-party services they choose to integrate with SMS-iT.

Limitation of Liability

To the fullest extent permitted by applicable law, SMS-iT shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Costs of substitute services or products
  • Legal fees and court costs
  • Regulatory fines or penalties

This limitation applies regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not SMS-iT has been informed of the possibility of such damage.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, SMS-iT's liability is limited to the greatest extent permitted by law.

No Warranties

SMS-iT provides its services on an "as is" and "as available" basis without warranties of any kind, either express or implied. We specifically disclaim all warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement of third-party rights
  • Warranties that services will be uninterrupted or error-free
  • Warranties regarding the accuracy or reliability of information
  • Warranties that security measures will prevent unauthorized access

No advice or information, whether oral or written, obtained by you from SMS-iT or through our services shall create any warranty not expressly stated in our terms of service.

Indemnification

You agree to defend, indemnify, and hold harmless SMS-iT, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of SMS-iT services in violation of our terms of service
  • Your violation of any third-party rights, including intellectual property rights
  • Your violation of applicable laws or regulations
  • Content you submit, post, or transmit through our services
  • Your negligent or wrongful conduct
  • Any false or misleading information you provide

This indemnification obligation will survive termination of your use of SMS-iT services.

Compliance Responsibility

While SMS-iT provides tools and features designed to help users comply with various regulations, ultimate responsibility for compliance rests with the user. This includes but is not limited to:

  • TCPA (Telephone Consumer Protection Act) compliance
  • CAN-SPAM Act compliance
  • GDPR (General Data Protection Regulation) compliance
  • HIPAA (Health Insurance Portability and Accountability Act) compliance
  • Industry-specific regulations and standards
  • Local, state, and federal laws

Users are responsible for understanding and complying with all applicable laws and regulations in their jurisdiction and industry. SMS-iT recommends consulting with legal counsel to ensure proper compliance.

Data Security

While SMS-iT implements industry-standard security measures to protect user data, we cannot guarantee absolute security. Users acknowledge that:

  • No method of transmission over the internet is 100% secure
  • Security breaches may occur despite our best efforts
  • Users are responsible for maintaining the security of their account credentials
  • Users should implement their own security measures as appropriate
  • Sensitive data should be handled with additional care and protection

SMS-iT will notify users of any known security breaches in accordance with applicable laws and our privacy policy.

Service Interruptions and Maintenance

SMS-iT reserves the right to interrupt services for maintenance, updates, or other operational needs. We will make reasonable efforts to:

  • Provide advance notice of scheduled maintenance when possible
  • Minimize service disruptions
  • Perform maintenance during off-peak hours when feasible
  • Restore services as quickly as possible

However, emergency maintenance or unexpected technical issues may require immediate service interruption without prior notice. Users should plan accordingly and maintain alternative communication methods for critical operations.

Changes to This Disclaimer

SMS-iT reserves the right to update or modify this disclaimer at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of SMS-iT services after any changes constitutes acceptance of the updated disclaimer.

We encourage users to review this disclaimer periodically to stay informed of any changes. The date of the last update is indicated at the top of this document.

If you do not agree with any changes to this disclaimer, you must discontinue use of SMS-iT services immediately.

Contact Information

If you have any questions about this Disclaimer, please contact us:

Email: [email protected]

Address: 1390 Market Street, STE 200, San Francisco, CA 94102, USA

Phone: +1-650-333-8337