01Who We Are
"SMS Genie", "we", "us", and "our" refer to SMS Genie, the operator of these Services. "You" and "Customer" refer to the individual or entity using the Services. If you're using the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
02The Services
SMS Genie provides software and managed services that help businesses re-engage existing leads through SMS outreach, including campaign setup, message delivery, conversation handling, and reporting. We may modify, expand, or discontinue features at our discretion. We will give reasonable notice before making material changes that adversely affect paying customers.
03Eligibility & Accounts
You must be at least 18 and able to enter into a binding contract. You're responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at daniel@smsgenie.ai if you suspect unauthorized access.
04Fees & Billing
- Subscriptions. Fees, billing cadence, and included usage are described on our pricing page or in your order form. Subscriptions renew automatically until cancelled.
- Usage charges. Some features (including SMS messaging) carry per-message or volume-based charges in addition to subscription fees.
- Taxes. Fees are exclusive of taxes; you're responsible for any sales, use, VAT, or similar taxes.
- Late payment. Past-due amounts may accrue interest and we may suspend Services until paid.
- Refunds. Except where required by law, fees are non-refundable.
05Customer Responsibilities & Compliance
You are solely responsible for the lead data you upload and the messages you send through the Services. You agree that:
- You have lawful authority to upload and process every contact record you provide to us.
- Every recipient you message has given prior express consent to receive marketing or informational SMS from your business, as required under the TCPA, CAN-SPAM, applicable state laws, and equivalent laws in other jurisdictions.
- You will register and maintain any required A2P 10DLC brand and campaign filings, and comply with carrier and CTIA messaging guidelines.
- You will honor opt-outs (STOP, UNSUBSCRIBE, etc.) immediately and will not contact recipients who have revoked consent.
- You will not send messages that are deceptive, fraudulent, hateful, harassing, sexually explicit, or that promote illegal activity.
- You will not use the Services to send messages related to prohibited content categories (illegal substances, high-risk financial offers, etc.) or to recipients on national/state Do-Not-Call registries without a valid exemption.
We may suspend or terminate accounts and remove content that we reasonably believe violates these obligations, with or without notice.
06Acceptable Use
You will not, and will not allow any third party to:
- Reverse engineer, decompile, or attempt to extract source code from the Services.
- Resell, sublicense, or provide the Services to third parties except as permitted in writing.
- Interfere with the Services, attempt to gain unauthorized access, or probe for vulnerabilities outside an approved security program.
- Use the Services to send unsolicited messages, malware, phishing, or any content that violates applicable law.
- Use automated means to scrape or extract data beyond what is permitted through our published interfaces.
07Customer Data
As between you and us, you own the lead and message data you provide ("Customer Data"). You grant us a worldwide, non-exclusive license to host, process, and transmit Customer Data for the purpose of providing the Services and as otherwise described in our Privacy Policy. We may use de-identified, aggregated data for analytics and product improvement.
08Intellectual Property
The Services, including all software, design, content, and trademarks, are owned by SMS Genie or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription. All rights not expressly granted are reserved.
If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
09Confidentiality
Each party agrees to protect the other's non-public information disclosed in connection with the Services using at least the same degree of care it uses to protect its own confidential information, and not to use or disclose it except as necessary to perform under these Terms or as required by law.
10Third-Party Services
The Services may integrate with third-party tools (CRMs, analytics platforms, messaging carriers). Your use of those tools is governed by their own terms, and we are not responsible for their availability or behavior.
11Disclaimers
The services are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not guarantee any specific outcome — including booked calls, conversion rates, message-delivery rates, or revenue — from your use of the Services.
12Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages. Our aggregate liability for any claim relating to the Services will not exceed the amount you paid us in the twelve months preceding the event giving rise to the claim.
13Indemnification
You will defend, indemnify, and hold harmless SMS Genie and its officers, employees, and agents from and against any third-party claims, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Data; (b) your messages and campaigns; (c) your violation of these Terms or applicable law (including the TCPA); or (d) your violation of any third-party right.
14Term & Termination
These Terms remain in effect while you use the Services. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may suspend or terminate immediately for non-payment or for conduct that we reasonably believe violates law or carrier requirements. Upon termination, your right to use the Services ends; provisions that by their nature should survive (including IP, disclaimers, limitation of liability, indemnification, and these miscellaneous terms) will survive.
15Changes to These Terms
We may update these Terms from time to time. When we make material changes, we'll update the "Last updated" date and notify you through the platform or by email. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
16Governing Law & Disputes
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-laws principles. The parties will attempt in good faith to resolve disputes informally before filing any action. Any unresolved dispute will be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.
17Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any order form, are the entire agreement between us regarding the Services.
- Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver of our right to enforce it later.
- Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
Contact
Questions about these Terms? Email daniel@smsgenie.ai.