Terms & Conditions

1. Acceptance of Terms

These General Terms & Conditions (“Terms”) govern your access to and use of the Text Made Simple LLC website, applications, and services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

If you are using the Service on behalf of an organization, you represent and warrant you have authority to bind that organization, and “you” and “Customer” refers to that organization.

2. Definitions

“Account” means a Customer’s account for accessing the Service.
“Tenant” means a Customer workspace/organization environment within the Service.
“User” means an individual authorized under a Tenant account.
“Messaging” means SMS and related messaging functionality supported by the Service.
“10DLC” means 10-Digit Long Code A2P messaging compliance programs (Brand and Campaign registration and related requirements).
“Customer Content” means content, data, messages, contact information, templates, and other materials submitted to or processed through the Service by Customer or Users.

3. The Service; Not a Carrier

Text Made Simple provides a software platform for managing business messaging workflows. We are not a telecommunications carrier. Message delivery is performed through upstream messaging providers and networks, which may impose separate rules, fees, and restrictions.

We do not guarantee message delivery, timing, or carrier acceptance, and message throughput and deliverability may vary.

4. Eligibility and Account Registration

You must be legally able to enter into a contract and comply with applicable laws. You agree to provide accurate information during registration and keep your account details current.

You are responsible for all activity that occurs under your Account, including actions by Users you authorize.

5. Communications, Email Collection, and Contact Information

By creating an Account, submitting forms, requesting a demo, or otherwise providing contact information, you consent to receive transactional and administrative emails from us (e.g., account notices, billing notices, security alerts, and service updates).

Where permitted by law and subject to your opt-out rights, we may also send marketing emails. You can opt out of marketing emails by using the unsubscribe link in those emails.

Collecting Email Addresses and Phone Numbers

If you provide email addresses or mobile numbers to the Service (including uploading contact lists), you represent and warrant that:

you have the lawful right to provide those details to us for processing,
you have provided required notices to those individuals, and
you have obtained all required consents and permissions for your intended communications.

We may use contact information solely as described in our Privacy Policy and as required to provide the Service.

6. Customer Responsibilities for Lawful Messaging and Consent

You are solely responsible for your Messaging use, including ensuring compliance with all applicable laws and messaging rules, including but not limited to:

TCPA, telemarketing and robocall rules, and any state equivalents
privacy laws and consumer protection laws
CTIA Messaging Principles and Best Practices
carrier and upstream provider policies
10DLC Brand/Campaign rules and requirements
rules on opt-in, opt-out (e.g., STOP), HELP responses, identification, and prohibited content

You must maintain records of consent and opt-in/opt-out history where required.

7. Acceptable Use Policy

You agree to use the Service only for legitimate business purposes and in compliance with these Terms and applicable law. You will not, and will not allow any User to:

7.1 Prohibited Uses

Send messages that are unlawful, deceptive, misleading, harassing, abusive, defamatory, obscene, or invasive of privacy
Send spam, phishing, or malware; or attempt to collect credentials or personal data unlawfully
Send messages without required consent, or ignore opt-out requests
Engage in fraud, impersonation, or misrepresentation of identity, brand, or affiliation
Send content that violates carrier or upstream provider policies (including prohibited message categories)
Circumvent filters, compliance checks, or usage controls
Interfere with the Service or attempt unauthorized access
Resell, sublicense, or provide the Service to third parties as a service bureau (unless explicitly authorized in writing)

7.2 Brand and Campaign Representation (10DLC)

For any 10DLC registration or messaging campaign submitted through or associated with the Service, you represent and warrant that:

the Brand and Campaign information you provide is accurate, complete, and not misleading
you have authority to register and message on behalf of that brand/entity
your stated use case matches your actual messaging content and recipient relationships
you will not use “generic” or “placeholder” details to obtain registration approval

7.3 Non-Compliance, Blocking, and Provider Actions

Carriers and upstream providers may reject, filter, block, suspend, or limit messages at any time, including for compliance reasons. We may also suspend or restrict messaging access to mitigate compliance risks.

8. Enforcement; Suspension; Termination

We may investigate suspected violations and may take any action we deem appropriate, including:

warnings and requests for remediation
temporary limits, throttling, or blocking of messaging
placing an Account on HOLD
suspension or termination of access
reporting suspected unlawful activity to relevant authorities

9. Fines, Fees, and Responsibility for Misuse

You are solely responsible for:

any fines, fees, penalties, surcharges, or assessments imposed by carriers, upstream providers, regulators, or third parties arising from your Messaging use or non-compliance
claims arising from your content, lists, consent practices, or messaging campaigns

We are not responsible for Customer misuse of the platform. You agree to indemnify us as described below.

10. Intellectual Property

We own the Service, including all software, designs, and trademarks, except Customer Content. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription term.

11. Customer Content; Privacy

You retain ownership of Customer Content. You grant us the rights necessary to host, process, transmit, and display Customer Content solely to provide the Service and as described in our Privacy Policy.

12. Third-Party Services

The Service may integrate with third-party providers. We are not responsible for third-party services, availability, policies, or acts/omissions. Your use of third-party services may be governed by their terms.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that messaging will be uninterrupted, timely, secure, or error-free, or that messages will be delivered or accepted by carriers.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO US IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, EXCEPT WHERE PROHIBITED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Text Made Simple and its affiliates, officers, employees, and agents from and against claims, damages, liabilities, penalties, and expenses (including reasonable attorneys’ fees) arising out of:

your use of the Service
your Messaging content, lists, consent practices, or campaigns
your violation of these Terms or applicable law
alleged infringement or misappropriation by Customer Content

16. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. We will provide notice as required by law. Continued use after an effective date constitutes acceptance.

17. Governing Law; Venue; Dispute Resolution

New York law governs these Terms. Venue is [INSERT COUNTY/STATE].
Optional/Configurable: arbitration clause + class action waiver.

18. Miscellaneous

Severability, assignment, force majeure, entire agreement, and no waiver provisions apply.

19. Contact

Questions about these Terms: support@textmadesimple.com

Terms & Conditions