Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Text Messaging Laws
SMS marketing makes it easy to reach customers directly at a relatively low cost. But if you don't adhere to the text message privacy laws and regulations that are in place to protect consumers, you risk incurring massive fines and penalties.
In this section, we'll share everything you need to know about text message privacy laws in the United States, Canada, the European Union and the United Kingdom, plus best practices for keeping your business compliant with text marketing laws. This would imply that you are fully aware of the text message privacy laws, and have fully agreed to comply with all the laws governing your region, before using our service.
The Importance of Following Text Marketing Laws
SMS marketing is an excellent way for businesses to communicate promotions and offers to customers. However, not all businesses follow SMS rules in their text message engagement with customers.
Without an understanding of proper and legal protocol, businesses may unknowingly send unsolicited text messages and spam their audience with irrelevant information, products, services or offers.
Additionally, some companies only want to collect personal data for other purposes (some potentially unethical) and have no real interest in engaging with or providing value to customers.
To uphold the privacy and protection of personal information, the Cellular Telecommunications Industry Association (CTIA) was formed to impose ethical text marketing practices. Other organizations and stakeholders, such as the Mobile Marketing Association (MMA), Federal Communications Commission (FCC) and Federal Trade Commission (FTC) also monitor, regulate or enforce rules that apply to SMS marketing.
Any company that uses SMS and MMS to communicate with audiences must comply with the rules put forth by these regulators. Businesses that violate text message privacy and text spam laws will incur penalties and hefty fines.
Text Message Privacy Laws in the United States
Electronic communications in the United States are carefully regulated through strict SMS rules. In addition to these federal regulations, businesses must also observe all text messaging laws by state that may apply to their region.
Four stakeholders oversee wireless device laws for texting in the U.S.:
- Cellular Telecommunications Industry Association (CTIA), a group that represents the wireless communications industry.
- Mobile Marketing Association (MMA), which encourages marketing transformation and innovation through mobile devices (like SMS marketing).
- Federal Communications Commission (FCC), an independent government agency that regulates electronic and media communications by wire, satellite, cable, TV and radio.
- Federal Trade Commission (FTC), another government agency that protects consumers by dealing with complaints or violations that occur via media communications.
The CTIA and MMA advocate for ethical wireless communications and aim to establish the best marketing practices for mass SMS texting.
The FCC and FTC, on the other hand, have legislative powers to enact laws, regulations and penalties for businesses.
1. Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) is a product of the FCC. The TCPA is the primary anti-telemarketing law and the leading regulator of SMS marketing.
Under the TCPA, businesses may not send messages to consumers without their consent. Even if an individual provides their phone number or has a long-standing relationship with the business, the company cannot text the individual if they have not granted written consent.
Businesses are required to obtain explicit written consent (not verbal) to add subscribers to their subscription list. Written consent doesn't refer to writing on paper, but rather consent that is documented and saved.
2. CAN-SPAM Act
The CAN-SPAM Act works in conjunction with TCPA and is the main text spam law in the United States.
Under the CAN-SPAM Act, the FCC can regulate commercial texts sent to wireless devices to protect consumers from unwanted mobile commercial messages.
The CAN-SPAM Act makes it illegal for businesses to send unwanted text messages to cell phone numbers and requires that any commercial message be easily identifiable by the receiver as an advertisement. Consumers must also be able to unsubscribe from receiving messages.
The CAN-SPAM Act does not apply to messages regarding existing transactions or relationships, such as delivery notifications.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SMS-iT™ cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SMS-iT™ customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SMS-iT™ with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SMS-iT™ to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SMS-iT™ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
SMS-iT™, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
SMS-iT™ will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
This Refund Policy ("Policy") outlines the terms and conditions governing refunds for subscriptions and hardware purchases made through the SMS-iT platform and its associated store.
Subscription Refunds:
- All subscriptions sold on this platform are non-refundable.
- Sales are final on all subscriptions.
- Under no circumstances or conditions are refunds permitted or honored for any subscription.
Cancellation of Subscriptions:
To cancel your subscription, please log in to your account, click on Change Plans and click on the CANCEL button available at your subscription or plan. Once the CANCEL button is clicked, your subscription will be automatically cancelled.
Hardware Purchases from SMS-iT Shop/Store:
- Hardware items purchased from the SMS-iT Shop/Store at store.smsit.ai can be returned within 30 days of the delivery date.
- Only defective or damaged items will be eligible for return. Any other reason for return will be rejected.
Chargebacks:
- In the event that a chargeback is initiated by the customer, the customer's subscription access will be immediately terminated, and access will not be reinstated until the chargeback is resolved in favor of SMS-iT.
- The customer acknowledges that initiating a chargeback constitutes a breach of this Policy and may result in legal action to recover any losses incurred by SMS-iT.
No Warranty or Guarantee:
- SMS-iT makes no warranties or representations, express or implied, regarding the performance or suitability of any products or services offered through this platform. All products and services are provided "as is" without warranty of any kind.
Limitation of Liability:
- In no event shall SMS-iT be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by the customer or any third party.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
SMS-iT™ has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of SMS-iT™ or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright Policies
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at [email protected]
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SMS-iT™ and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SMS-iT™.
Message Requirements and Code of Conduct
The Code of Conduct contains five straightforward requirements for message senders:
- Only companies in good standing may engage in high-throughput traffic.
- The consumer must give the appropriate consent for the given message type.
- Consumer opt-in and opt-out must work correctly
- Phishing, spam, and unwanted illicit content is prohibited
- Creative methods to evade these requirements is prohibited
Best Practices for Sending Messages
Consumers should always be given the choice to receive or block text messages from a specific message sender. This principle underpins the requirements for the opt-in and opt-out mechanisms. In addition, the Federal Communications Commission (FCC) enforces rules under the Telephone Consumer Protection Act (TCPA) to protect consumers from unwanted calls or text messages. Businesses that send text messages to consumers should be aware of these rules. Violating the TCPA is a serious matter, with statutory damages of $500 to $1,500 per violation (text message sent).
Consent
The message sender must obtain proper consumer consent for each message sent. The type of consent that is required depends on the type of message content sent to the consumer.
Types of Messaging Content and Required Consent
Conversational
Conversational messaging is a back-and-forth conversation that takes place via text. If the consumer texts into the business first and the business responds quickly with a single message, then it's likely conversational. If the consumer initiates the conversation and the business simply responds, then no additional permission is required.
- The first message is always sent by the consumer
- Two-way conversation
- Message responds to a specific request
- IMPLIED CONSENT
Informational
Informational messaging is when a consumer gives their phone number to a business and asks to be contacted in the future. Appointment reminders, welcome texts, and alerts fall into this category because the first text sent by the business fulfills the consumer's request.
- The first message is sent by the consumer or business
- One-way alert or two-way conversation
- Message contains information
- EXPRESS CONSENT
Promotional
Promotional messaging is when a message is sent that contains a sales or marketing promotion. Adding a call-to-action (such as a coupon code to an informational text) may place the message in the promotional category.
- The first message is sent by the business
- One-way alert
- Message promotes a brand or product
- Prompts consumer to buy something or go somewhere
- EXPRESS WRITTEN CONSENT
Revoking Consent (opt-out)
Carriers require opt-out compliance by supporting the STOP keyword at the network level. This opt-out system is active by default across all accounts. A STOP request blocks all text message exchanges between an individual mobile number and a text-enabled business number. A consumer can opt back in at any time by replying with the keyword UNSTOP.
Disallowed Content
There are some types of messages that we can't allow on our platform, even if the recipient gives approval. If a message sender is observed sending any of the below listed disallowed content, then an account review is performed.
- Illegal Content
- Harassment
- Phishing
- Fraud or scam
- Deceptive marketing
- Malicious Activity & Content
- Financial services (high-risk/subprime lending, auto loans, mortgages, payday loans, etc.)
- Insurance
- Gambling, Casino, and Bingo
- Gift cards
- Sweepstakes
- Free prizes
- Investment opportunities
- Lead generation
- Cannabis
- SAFT: Sex, Alcohol, Firearms or Tobacco related content
Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by SMS-iT™
SMS-iT™ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SMS-iT™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless SMS-iT™ and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitations of Liability
In no event shall SMS-iT™, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
- (i) your access to or use of or inability to access or use the Service;
- (ii) any conduct or content of any third party on the Service;
- (iii) any content obtained from the Service; and
- (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SMS-iT™ its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Regulatory and Compliance Recovery Fee (RCRF)
To maintain compliance with U.S. federal telecommunications regulations, including but not limited to 47 CFR § 64.6305(a) and requirements established by the Federal Communications Commission (FCC) Robocall Mitigation Program, SMS-iT imposes a Regulatory and Compliance Recovery Fee (RCRF) of $3.99/month per active number used for Text, Voice, and/or Fax communications.
NOTE: For users on monthly plans (Starter, Business, VIP, or Enterprise), the compliance fee applies only after your third active number, as your subscription already includes coverage for the first two active numbers.
This fee supports mandatory platform-level compliance activities such as:
- Human-led KYC (Know Your Customer) verification
- Continuous fraud and spam monitoring
- Timely traceback response to FCC or carrier abuse inquiries
- Data retention and recordkeeping as required by federal law
- SMS-iT's registration and maintenance in the FCC Robocall Mitigation Database
The RCRF is separate from and in addition to any fees charged by third-party gateway providers (e.g., Twilio, Bandwidth, Telnyx) for their carrier-level compliance obligations.
Accounts with unpaid RCRF fees for active numbers may be restricted from sending or receiving Text, Voice, or Fax communications until compliance is restored. General access to the user's CRM, platform data, and other non-number features remains unaffected.
By using SMS-iT's communication features, you agree to the payment and enforcement of this fee as a condition of continued use, subject to change based on evolving regulatory requirements.
Governing Laws
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.