1. Introduction
These Terms of Service ("Terms") govern your access to and use of the services, website, platform, dashboard, and APIs provided by ReadySMS LLC ("ReadySMS," "we," "our," or "us"). By accessing or using any of our services, you agree to be bound by these Terms.
If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and "you" refers to both you individually and the entity you represent.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE READYSMS PLATFORM OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.
2. Services
ReadySMS provides bulk SMS messaging services, including but not limited to: SMS and MMS message delivery, A2P 10DLC registration and campaign management, messaging APIs, analytics and delivery reporting, and integration with third-party platforms such as GoHighLevel, HubSpot, and other CRMs (collectively, the "Services").
We reserve the right to modify, update, or discontinue any aspect of the Services at any time. We will make reasonable efforts to notify you of material changes, but continued use of the Services after any changes constitutes your acceptance of such changes.
3. Account Registration
To use our Services, you must create an account. You agree to:
- Provide true, accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the confidentiality of your account credentials, API keys, and authentication tokens
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
You must be at least 18 years of age or the age of legal majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet this requirement.
4. A2P 10DLC Registration
By using our Services, you acknowledge that A2P 10DLC registration is required by US carriers (AT&T, T-Mobile, Verizon, and others) for businesses sending text messages. ReadySMS will facilitate the 10DLC registration process on your behalf, which includes brand verification and campaign registration with The Campaign Registry (TCR).
You acknowledge and agree that:
- ReadySMS may create a branded landing page for your company to be used during the 10DLC A2P submission and vetting process
- You are responsible for ensuring all information provided for registration is accurate and truthful
- You are responsible for ensuring that your messaging practices comply with the terms of your registered campaign(s)
- It is your responsibility to ensure all items of the privacy policy and SMS terms associated with your brand and campaigns are representative of your company's practices
- Approval timelines are estimated at 1-3 business days but may vary based on carrier and TCR review processes
5. Acceptable Use
You agree to use our Services in compliance with all applicable federal, state, and local laws and regulations. You must not:
- Use the Services for any unlawful purpose
- Send messages to any individual from whom you do not have prior, express, written consent
- Transmit any unsolicited commercial communications or spam
- Interfere with or disrupt the Services or servers/networks connected to the Services
- Use the Services to transmit SHAFT content (Sexual, Harassment, Alcohol, Firearms, or Tobacco)
- Engage in fraudulent or deceptive practices, including but not limited to snowshoeing, smishing, phishing, or spear-phishing
- Use the Services in any way that could damage, disable, overburden, or impair our infrastructure
5.1 Prohibited Message Categories
You agree not to send messages for the following categories:
- High-Risk Financial Services: Payday loans, short-term high-interest loans, new loan soliciting, third-party loans (including mortgage lending), student loans, cryptocurrency promotions, stock/investing solicitations
- Third-Party Lead Generation: Companies that buy, sell, or share consumer information; affiliate lending; affiliate marketing; deceptive marketing
- Debt Collection or Forgiveness: Third-party debt collection, debt consolidation, debt reduction, debt relief, credit/debt repair
- Get Rich Quick Schemes: Deceptive work-from-home programs, risk investment opportunities, pyramid schemes, mystery shopping
- Illegal Substances: Cannabis, CBD, kratom, paraphernalia products, vape/e-cigarettes, fireworks
- Prescription Drugs: Drugs that require a prescription
- Gambling: Casino apps, gambling websites, sweepstakes, 50/50 raffles, betting/sports picks
ReadySMS reserves the right to suspend or terminate your account immediately if we determine you are sending prohibited content. Any costs, fees, charges, penalties, or fines incurred as a result of sending prohibited or unsolicited content will be directly passed to you.
6. Consent and Compliance
You represent and warrant that all messages sent through ReadySMS are sent to individuals who have granted you prior, express, written consent to receive such messages. You agree to comply with all applicable laws and regulations, including but not limited to:
- The Telephone Consumer Protection Act (TCPA) and all implementing rules and regulations of the FCC
- The Telemarketing and Consumer Fraud and Abuse Prevention Act
- The Do-Not-Call Implementation Act
- The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
- The Children's Online Privacy Protection Act (COPPA)
- The California Consumer Privacy Act (CCPA)
- CTIA Messaging Principles and Best Practices Guidelines
- Any applicable state privacy, data security, consumer protection, and breach notification laws
- Canada's Anti-Spam Legislation (CASL) and PIPEDA, where applicable
- The European Union's General Data Protection Regulation (GDPR), where applicable
6.1 Opt-Out Handling
ReadySMS provides automated opt-out handling for standard opt-out keywords (STOP, QUIT, UNSUBSCRIBE, END, CANCEL). When a recipient opts out, their number is automatically added to the suppression list and no further messages will be delivered to that number. You are responsible for honoring all opt-out requests and maintaining your own suppression lists in addition to the automated system.
7. Fees and Payment
You agree to pay all applicable fees for the Services as set forth on our pricing page or as otherwise agreed upon. Our current pricing is available at our website and may be updated from time to time.
- All fees are based on per-segment pricing. A segment is a 160-character portion of a standard SMS message
- Pricing displayed on our website does not include carrier fees. Carrier fees are assessed by the mobile carriers (AT&T, T-Mobile, Verizon, etc.) and are passed through to you in addition to the per-segment rate
- ReadySMS reserves the right to modify pricing with reasonable notice. Continued use after a price change constitutes acceptance
- All fees are exclusive of applicable taxes, duties, and government-imposed fees. You are responsible for paying all such taxes and fees
- Refunds, if issued, will be provided as account credits. Under no circumstances will refunds be issued to your original payment method unless required by applicable law
7.1 Carrier Fees and Surcharges
In addition to ReadySMS per-segment pricing, the following carrier-imposed fees and surcharges may apply to your messaging activity:
- Carrier passthrough fees: US carriers impose per-message fees on A2P SMS and MMS messages. These fees are set by each carrier and are subject to change without notice. Current carrier fees are published on our pricing page and/or dashboard
- Carrier surcharges: Carriers may impose additional surcharges for specific message types, destinations, or traffic patterns. These surcharges are passed through to you at cost
- Toll-free verification fees: If you use toll-free numbers for messaging, carrier verification fees may apply
- Number porting fees: You agree to pay any carrier charges and/or fees for porting your existing telephone numbers into or out of ReadySMS
- Regulatory fees: You are responsible for any charges imposed by carriers related to government fees for telecommunications, including but not limited to Universal Service Fund (USF) fees, regulatory recovery fees, and any other government or regulatory agency charges
- Penalty and compliance fees: Any costs, fees, charges, penalties, or fines imposed by carriers or regulatory bodies as a result of your messaging activity (including but not limited to spam complaints, TCPA violations, or sending to opted-out numbers) will be directly passed through to you
Carrier fees are subject to change at any time as determined by the carriers. ReadySMS will make reasonable efforts to communicate changes to carrier fees but is not liable for fee changes imposed by carriers. You acknowledge that carrier fees are separate from and in addition to ReadySMS platform pricing.
7.2 Free SMS Credits
New accounts receive 2,500 free SMS credits upon registration. These credits are non-transferable, have no cash value, and are subject to the same terms and conditions as paid credits. ReadySMS reserves the right to modify or discontinue the free credit program at any time.
7.3 Billable Messages
You acknowledge and agree that certain messages may be billable even if they are filtered, blocked, or not delivered to the intended recipient. This includes messages that are blocked or filtered by carriers due to spam detection, opt-out status, unregistered campaigns, content violations, or other delivery policies. These scenarios incur operational costs and will be treated as billable message events.
7.4 Fee Disputes
If you have any dispute regarding fees, you must contact us through our support channels within 90 days of the date of the activity that generated the dispute. We will make reasonable efforts to investigate and resolve the matter. Failure to dispute a charge within 90 days constitutes your acceptance of that charge.
7.5 Carrier Penalties and Fines
You acknowledge and agree that any fines, penalties, fees, charges, or sanctions imposed by mobile carriers, The Campaign Registry (TCR), the Federal Communications Commission (FCC), or any other regulatory body as a direct or indirect result of your messaging activity will be your sole responsibility and will be passed through to you in full. This includes but is not limited to: carrier-imposed fines for spam complaints, TCPA violation penalties, carrier filtering surcharges, campaign suspension fees, and number deactivation charges. ReadySMS will invoice you for any such charges and you agree to pay them within 30 days.
7.6 Automatic Suspension Thresholds
ReadySMS reserves the right to automatically suspend your account without prior notice if any of the following thresholds are exceeded:
- Opt-out (STOP) rate exceeds 3% of total messages sent in any 30-day period
- Spam complaint rate exceeds 0.5% of total messages sent in any 30-day period
- Carrier rejection rate exceeds 20% of total messages sent in any 7-day period
- Any single carrier blocks or filters your traffic entirely
Upon suspension, you will be notified via email. Reactivation is at ReadySMS's sole discretion and may require remediation steps, additional documentation, or payment of outstanding fees.
8. Platform Role and User Responsibility
ReadySMS is a technology platform that provides messaging infrastructure and tools. ReadySMS does not create, review, approve, endorse, or control the content of any messages sent through the platform. You are the sole author and sender of all messages transmitted through your account.
You acknowledge and agree that:
- ReadySMS is a neutral technology provider and acts solely as a conduit for your messages
- You are the sole party responsible for the content, timing, frequency, and recipients of all messages sent through your account
- You are solely responsible for obtaining, maintaining, and documenting valid prior express written consent from all message recipients
- You are solely responsible for compliance with all applicable laws and regulations governing your messaging activity, including but not limited to TCPA, CAN-SPAM, CCPA, GDPR, and all carrier guidelines
- ReadySMS shall have no liability whatsoever for any claims, damages, fines, penalties, or legal actions arising from the content of your messages or your failure to obtain proper consent
- You will maintain records of consent for all recipients for a minimum of five (5) years and will provide such records to ReadySMS upon request
- Any legal action, regulatory inquiry, or carrier complaint related to your messaging activity is your sole responsibility to address and resolve, and you will indemnify ReadySMS against all costs associated therewith
9. Intellectual Property
All materials on the ReadySMS platform, including designs, trademarks, service marks, logos, graphics, text, software, and other content (collectively, "Materials"), are the property of ReadySMS and/or its licensors and are protected by applicable intellectual property laws.
You may not copy, reproduce, distribute, modify, decompile, disassemble, reverse engineer, or create derivative works from any Materials without our prior written consent. ReadySMS reserves the right to enforce its intellectual property rights to the fullest extent of the law.
10. Confidentiality
You agree to maintain the confidentiality of any non-public information disclosed to you by ReadySMS, including business, technical, and financial information, API keys, and account credentials. This obligation survives termination of these Terms.
11. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. ReadySMS acts as a data processor for subscriber and recipient data and processes personal data only according to your instructions. You remain responsible for ensuring a lawful basis (valid consent) for all personal data processed through our platform.
12. Telephone Numbers
ReadySMS may provide you with telephone numbers for use with the Services. You acknowledge that:
- You do not own any telephone numbers provided by ReadySMS. Numbers are licensed to you for use with the Services
- ReadySMS may port, reassign, or reclaim numbers upon termination of your account or these Terms
- You may request to port your existing telephone numbers into ReadySMS, subject to carrier approval and applicable porting fees
- If your account is suspended or terminated, numbers may be released after 30 days and will not be recoverable
13. Third-Party Integrations
ReadySMS may integrate with or provide connectivity to third-party platforms and services (such as GoHighLevel, HubSpot, Zapier, and others). These integrations are provided for convenience and ReadySMS is not responsible for the availability, accuracy, or functionality of any third-party service. Your use of third-party services is subject to their respective terms and conditions.
14. Downtime and Service Availability
We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Your access may be suspended due to:
- Scheduled maintenance (we will provide reasonable advance notice when possible)
- Unanticipated system failures, power outages, or other interruptions
- Denial of service attacks or other security events
- Violations of these Terms by you
- Legal or regulatory requirements
ReadySMS shall have no liability for any damage, losses, or consequences resulting from any service interruption or downtime.
15. Termination
Either party may terminate these Terms at any time. We may suspend or terminate your account immediately and without notice if:
- You violate any provision of these Terms
- We detect unusual, fraudulent, or abusive activity on your account
- You fail to pay any fees when due
- We determine that providing Services to you is prohibited by applicable law
- You become subject to bankruptcy or insolvency proceedings
Upon termination: (i) you remain liable for all fees and charges incurred through the date of termination; (ii) you remain liable for any penalties, fines, or charges incurred by ReadySMS as a result of your account activity, even if charged after termination; (iii) all rights granted to you under these Terms immediately cease; and (iv) ReadySMS may charge your payment method on file for any outstanding balance.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. READYSMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, READYSMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF THE SERVICES; OR (IV) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
IN NO EVENT SHALL READYSMS'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO READYSMS IN THE SEVEN (7) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
18. Indemnification
You agree to indemnify, defend, and hold harmless ReadySMS, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; (iv) your violation of any third party's rights; or (v) any content transmitted through your account.
19. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Miami-Dade County, Florida for the resolution of any disputes arising out of or relating to these Terms or the Services.
20. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Miami, Florida.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
YOU AND READYSMS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
21. Modifications to Terms
We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after any modifications constitutes your acceptance of the updated Terms.
22. Miscellaneous
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and ReadySMS regarding the Services.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- Force Majeure: ReadySMS shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of government, pandemics, wars, terrorism, labor disputes, or failures of third-party providers.
- Statute of Limitations: Any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
23. Contact Us
If you have any questions about these Terms of Service, please contact us at:
- Email: [email protected]
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.