Terms of Service

Last updated: May 25, 2026 — Version 1.2

PLEASE READ CAREFULLY. These Terms contain a binding arbitration clause and class-action waiver (Section 14). By using the Service, you agree to resolve disputes through individual arbitration rather than in court, and you waive your right to participate in a class action.

1. Agreement to Terms

By accessing or using the ReadySMS platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a binding legal contract between you ("you" or "Customer") and ReadySMS LLC and its affiliates, successors, and assigns ("ReadySMS," "we," "us," or "our").

2. Company Information

The Service is operated by ReadySMS LLC and its corporate affiliates. ReadySMS may operate, license, or assign the Service to any affiliated or successor entity at any time without notice, and these Terms will continue to apply to your relationship with the operating entity at the time of the relevant event. See Section 16(d) (Successor Entity) for details.

3. Description of Service

ReadySMS provides a business text messaging platform that enables users to send and receive SMS messages for marketing, customer communication, and business operations. The Service includes features such as:

4. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must be at least 18 years old and authorized to contract on behalf of any business you represent.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws, including but not limited to:

You must not use the Service to send unsolicited messages, spam, or any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.

Prohibited Content. You may not use the Service to send, and you warrant that you will not send, any message that:

6. Messaging Compliance and Customer Warranties

You are solely responsible for obtaining proper consent from recipients before sending messages. All messaging campaigns must comply with A2P (Application-to-Person) messaging regulations and carrier requirements. You must register your brand and campaigns through the required 10DLC process.

Consent Warranty. For every message you send through the Service, you represent and warrant that:

Per-Send Attestation. By submitting a bulk send, campaign, drip sequence, or any other send request through the Service or via API, you affirmatively attest to the truthfulness of each warranty above for every message in that send. ReadySMS may, at its discretion, log the attestation along with timestamp, IP address, user agent, and a cryptographic hash of the attestation text for evidentiary purposes.

6A. Content Inspection, Filtering, and Hold

ReadySMS reserves the right, in its sole discretion and without prior notice, to inspect, filter, delay, quarantine, or refuse delivery of any message that we reasonably believe violates these Terms, the Prohibited Content rules, any law or regulation, or any carrier or aggregator policy. Automated pre-send filters and post-send compliance audits may block or flag messages. ReadySMS shall have no liability for any delay in delivery, non-delivery, loss of business, or other damages arising from any action taken under this Section, and no credits or fees shall be refunded for messages blocked or held under this Section.

6B. Compliance Penalties and Carrier Pass-Through

Automatic Blocked-Message Fee. Any message that is blocked or filtered by ReadySMS's automated pre-send systems (including, without limitation, the keyword and pattern filter, brand- and government-impersonation filter, URL-shortener and suspicious-TLD filter, and machine-learning phishing classifier) will incur an automatic fee equal to five (5) times the credit cost and carrier fee the message would otherwise have incurred had it been delivered. This fee is deducted automatically from your prepaid credit balance at the moment the message is blocked. It is separate from, and in addition to, the Per-Violation Fine below. For clarity: the message is not delivered, no SMS segment reaches any recipient, and you remain responsible for the 5× fee because automated filtering consumes platform resources, creates compliance-review workload, and protects ReadySMS's carrier relationships. ReadySMS may adjust the multiplier from time to time in its sole discretion; the multiplier in effect at the time of the block applies.

Per-Violation Fine. You agree that each individual message you send through the Service that violates the Prohibited Content rules in Section 5, or that is determined by ReadySMS, by any mobile carrier, by The Campaign Registry, or by any regulatory body to constitute phishing, impersonation, fraud, or SHAFT violation without proper registration, shall incur a non-compliance fee of five hundred U.S. dollars ($500.00) per message, invoiced to you and payable on demand. This fee is a pre-estimated liquidated damages amount reflecting the administrative, reputational, deliverability, and carrier-relationship harm caused by each violating message, and is not a penalty. You acknowledge that such damages are difficult to calculate precisely and that $500 per message is a reasonable approximation.

Carrier Pass-Through. You further agree that if your messaging traffic causes ReadySMS to incur any fine, penalty, chargeback, takedown fee, investigation fee, or other charge imposed by a mobile carrier, aggregator, The Campaign Registry, the FCC, a state regulator, or any other third party, you shall reimburse ReadySMS for the full amount of such charge, plus a $250 per-incident investigation and remediation fee.

Collection. ReadySMS may, without further notice, (a) deduct amounts owed under this Section from your prepaid credit balance, (b) charge any payment method on file, (c) offset amounts owed against any refunds or credits otherwise due, and (d) suspend or terminate your account until amounts are paid in full. Amounts not paid within 15 days of invoice shall accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.

Indemnification. You shall indemnify, defend, and hold harmless ReadySMS LLC, its officers, directors, employees, affiliates, successors, assigns, and licensors from and against any and all third-party claims, demands, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and arbitration costs) arising out of or related to (i) the content of any message you send through the Service; (ii) any breach by you of the Consent Warranty in Section 6; (iii) your violation of these Terms; (iv) your violation of any law, regulation, or carrier policy; (v) any claim by a message recipient; or (vi) any claim by any state or federal regulator or attorney general. ReadySMS shall have the right, but not the obligation, to assume exclusive defense and control of any matter subject to indemnification by you. You shall cooperate fully in such defense.

7. Credits and Billing

The Service operates on a prepaid credit system. One credit equals one SMS segment. Carrier fees are charged separately. Credits are non-refundable except as required by law. Subscription fees for brand registration, campaign registration, and phone numbers are billed monthly through Stripe.

8. Service Availability

ReadySMS currently supports messaging within the United States only. We strive to maintain high availability but do not guarantee uninterrupted service. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

9. Termination

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or use the Service in a way that could harm other users or our infrastructure. You may close your account at any time by contacting support. The provisions of Sections 6 (Customer Warranties), 6B (Compliance Penalties & Indemnification), 10 (Limitation of Liability), 13 (Disclaimers), 14 (Dispute Resolution), 15 (Governing Law and Venue), and 16 (General) shall survive any termination of your account.

10. Limitation of Liability

To the maximum extent permitted by law, ReadySMS, its affiliates, successors, assigns, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or related to your use of, or inability to use, the Service, even if ReadySMS has been advised of the possibility of such damages.

To the maximum extent permitted by law, in no event shall ReadySMS's aggregate liability arising out of or related to these Terms or your use of the Service exceed the greater of (a) the total amount you paid to ReadySMS in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

12. Intellectual Property

All software, code, designs, trademarks, service marks, logos, documentation, and other intellectual property comprising the Service are owned by ReadySMS or its licensors and affiliates. These Terms grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. You receive no ownership interest in any ReadySMS intellectual property. Customer data uploaded to the Service remains owned by you; you grant ReadySMS a license to process such data as necessary to operate the Service.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR DELIVERABILITY. ReadySMS DOES NOT WARRANT THAT MESSAGES WILL BE DELIVERED, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

14. Dispute Resolution — Mandatory Arbitration and Class Waiver

14.1 Informal Resolution (Pre-Suit Notice). Before initiating any arbitration, mediation, or lawsuit relating to or arising out of these Terms or your use of the Service, the complaining party must first send a written notice of dispute ("Notice") to the other party. Notices to ReadySMS shall be sent by email to legal@readysms.io with the subject line "Notice of Dispute" and shall include (a) the complaining party's name, account email, and contact information; (b) a description of the dispute; (c) the specific relief sought; and (d) supporting documentation. The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) calendar days after the Notice is received. No arbitration, mediation, or lawsuit may be commenced until this thirty-day period has expired. Any applicable statute of limitations or contractual limitations period shall be tolled during this period.

14.2 Mandatory Mediation. If the dispute is not resolved within the thirty (30) day informal resolution period, the parties shall participate in non-binding mediation administered by JAMS in Cheyenne, Wyoming (or by video conference at the parties' option) before any arbitration may be initiated. The parties shall split mediator fees equally, except that ReadySMS will pay the consumer's share for individual consumer claims under five thousand dollars ($5,000). Mediation must commence within sixty (60) days after the close of the informal resolution period and must conclude within forty-five (45) days after commencement unless extended by written agreement of both parties.

14.3 Binding Arbitration. If the dispute is not resolved through informal resolution or mediation, any and all disputes, claims, or controversies between you and ReadySMS arising out of or relating to these Terms, the Service, or your relationship with ReadySMS — including disputes regarding the formation, scope, validity, or enforceability of these Terms or this arbitration agreement — shall be resolved exclusively by final and binding individual arbitration, and not in a court of law or by jury trial. The arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures for claims under two hundred fifty thousand dollars ($250,000), and under its Comprehensive Arbitration Rules and Procedures for larger claims (the "JAMS Rules"). The JAMS Rules are available at www.jamsadr.com. The arbitrator shall be a retired judge or attorney with at least ten (10) years of experience in commercial or technology disputes. The arbitration shall be conducted in Cheyenne, Wyoming, or by video conference at the consumer's option for individual consumer claims. The arbitrator shall apply Wyoming substantive law without regard to its conflict-of-laws provisions, except that federal law shall govern the enforceability and scope of this arbitration agreement under the Federal Arbitration Act.

14.4 CLASS ACTION WAIVER. YOU AND ReadySMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate or join more than one person's claims or otherwise preside over any form of representative or class proceeding. If a court or arbitrator determines in a case filed by either party that this Class Action Waiver is unenforceable as to any particular claim, then that claim (and only that claim) shall be severed from arbitration and may proceed in a court of competent jurisdiction in Cheyenne, Wyoming (per Section 15), provided that all other claims shall continue to be arbitrated on an individual basis. The Class Action Waiver is severable from the agreement to arbitrate — if a court declares it unenforceable and refuses to sever it, then the entire arbitration agreement (but not the rest of these Terms) shall be null and void as to the affected claim only.

14.5 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ReadySMS EACH IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE.

14.6 Mass Arbitration — Bellwether Procedure. If twenty (20) or more individual arbitration demands of a substantially similar nature are filed against ReadySMS within any rolling sixty (60) day period by claimants represented by the same law firm or coordinated counsel ("Mass Arbitration"), the following bellwether procedure shall apply, notwithstanding any contrary provision of the JAMS Rules:

14.7 Arbitration Fees. Fees for the arbitration shall be allocated as follows: (a) for individual consumer claims under ten thousand dollars ($10,000), ReadySMS will pay all JAMS filing, administrative, and arbitrator fees in excess of the consumer's filing fee cap under the JAMS Consumer Minimum Standards; (b) for all other claims, fees shall be allocated under the JAMS Rules. The arbitrator shall have authority to award fees and costs in accordance with Section 14.8.

14.8 Attorneys' Fees and Costs (Loser Pays). In any arbitration, mediation, or court proceeding arising out of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs incurred, in addition to any other relief awarded. This fee-shifting provision applies bilaterally to both you and ReadySMS. Notwithstanding the foregoing, the arbitrator may decline to award attorneys' fees and costs against an individual consumer claimant if the arbitrator finds in writing that the claim was brought in good faith, was not frivolous, and the consumer would suffer financial hardship from the award; in such case the arbitrator shall award fees and costs only to the extent permitted by applicable law.

14.9 Confidentiality. The parties shall maintain the confidentiality of any arbitration proceeding and shall not disclose the existence, content, or results of any arbitration without the prior written consent of the other party, except as required by law, to enforce or challenge an award, or to seek interim relief.

14.10 Opt-Out Right. You may opt out of the arbitration provisions of Sections 14.3 through 14.7 (but not the Class Action Waiver in Section 14.4 or the Jury Trial Waiver in Section 14.5) by sending a written opt-out notice to legal@readysms.io within thirty (30) days after you first accept these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opt-out does not affect any other provision of these Terms.

14.11 Survival; Federal Arbitration Act. This Section 14 shall survive termination of these Terms or your account. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section. Notwithstanding any other provision, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or breach of confidentiality.

15. Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms or your use of the Service shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-laws provisions, except that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 14. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any action permitted to be brought in a court of law under these Terms (including any severed claim under Section 14.4) shall be brought exclusively in the state or federal courts located in Cheyenne, Wyoming, and you irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

16. General

(a) Entire Agreement. These Terms, together with our Privacy Policy and any additional terms incorporated by reference (collectively, the "Agreement"), constitute the entire agreement between you and ReadySMS with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

(b) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent. Notwithstanding the foregoing, if the Class Action Waiver in Section 14.4 is held unenforceable in whole, see the severance rules in that section.

(c) Assignment. You may not assign or transfer these Terms or any rights or obligations under them without ReadySMS's prior written consent, and any attempted assignment in violation of this restriction is void. ReadySMS may assign, transfer, or delegate these Terms or any rights or obligations under them, in whole or in part, without your consent, including to any affiliate, successor entity, or third party in connection with a merger, acquisition, restructuring, reorganization, sale of assets, or other corporate transaction.

(d) Successor Entity. You acknowledge and agree that ReadySMS may, at its sole discretion and without prior notice, transfer or migrate the operation of the Service, customer accounts, and these Terms to any affiliated or successor entity (a "Successor Entity"), including without limitation any newly formed limited liability company or corporation under common ownership or control with ReadySMS. Upon such migration, the Successor Entity shall assume all rights and obligations of ReadySMS under these Terms, and these Terms shall continue to govern your relationship with the Successor Entity. You expressly consent to such migration, and your continued use of the Service after notice (or after the migration takes effect, if notice is not given) constitutes your acceptance of the migration.

(e) Force Majeure. ReadySMS shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or carrier outages, internet service provider failures, denial-of-service attacks, or shortages of transportation, facilities, fuel, energy, labor, or materials.

(f) Notices. All legal notices to ReadySMS must be sent to legal@readysms.io and shall be deemed received upon confirmation of delivery. ReadySMS may provide notice to you by email to the email address associated with your account, by posting on the Service, or by any other reasonable means.

(g) Waiver. No waiver by ReadySMS of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

(h) No Third-Party Beneficiaries. Except as expressly stated (including in Section 6B's Indemnification provision, which extends to ReadySMS's officers, directors, employees, affiliates, successors, assigns, and licensors), these Terms create no third-party beneficiary rights.

(i) Headings. Section headings are for convenience only and do not affect interpretation.

(j) Construction. These Terms shall be construed without regard to any presumption against the drafter. Each party acknowledges that it has had the opportunity to review these Terms with counsel of its choosing.

(k) Statute of Limitations. To the maximum extent permitted by law, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after the claim or cause of action arose, or be forever barred.

17. Recording of Calls With ReadySMS

You consent to ReadySMS recording any telephone, video, or VoIP call between you (or any person acting on your behalf) and ReadySMS staff, contractors, or automated systems. Recordings are made for quality assurance, agent training, dispute resolution, fraud prevention, regulatory compliance, and product improvement.

This consent applies in every jurisdiction in which you reside, work, or place or receive a call, including jurisdictions that ordinarily require all parties to a call to consent to recording (e.g. California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington). You acknowledge that this written consent satisfies the all-party-consent requirement of each such jurisdiction.

Recordings are stored for up to 12 months after the call, after which they are deleted unless retained longer for an active legal matter, regulatory request, or open dispute. Recordings are accessible only to authorized ReadySMS personnel and are subject to our Privacy Policy. You may request a copy of any recording in which you are a participant by emailing support@readysms.io.

You may withdraw this consent at any time by emailing support@readysms.io; withdrawal applies only to future calls. ReadySMS may decline to conduct calls with you if consent is withdrawn.

This clause covers only calls between you and ReadySMS. It does not extend to calls between you and any third party (including your own customers or prospects); you remain solely responsible for obtaining recording consent on any other call you place or receive through the Service.

18. Contact

For general questions about these Terms, contact us at support@readysms.io. For legal notices (including Section 14.1 Notice of Dispute, Section 14.10 opt-out, and any other legal correspondence), contact legal@readysms.io.

ReadySMS LLC
Operating throughout the United States
Legal notices: legal@readysms.io
Support: support@readysms.io
https://readysms.io