Terms of Service

Please read and accept our Terms of Service to continue.

ReadySMS Terms of Service

1. Platform Role

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.

2. User Responsibility

You are solely responsible for: the content, timing, frequency, and recipients of all messages; obtaining and maintaining valid prior express written consent from all recipients; compliance with all applicable laws including TCPA, CAN-SPAM, CCPA, and GDPR; and maintaining consent records for a minimum of five (5) years.

3. Prohibited Content

You must not send: unsolicited messages or spam; messages to individuals without prior consent; SHAFT content (Sexual, Harassment, Alcohol, Firearms, Tobacco); high-risk financial services promotions; third-party lead generation; debt collection; get rich quick schemes; illegal substances; gambling content.

4. Carrier Penalties

Any fines, penalties, fees, or sanctions imposed by carriers, TCR, FCC, or any regulatory body as a result of your messaging activity are your sole responsibility and will be passed through to you in full.

5. Auto-Suspension

Your account may be automatically suspended if: opt-out rate exceeds 3%; spam complaint rate exceeds 0.5%; carrier rejection rate exceeds 20%; or any carrier blocks your traffic entirely.

6. Billing

All fees are based on per-segment pricing (160 characters per segment). Carrier fees are assessed separately and passed through at cost. Funds are non-refundable. Messages are billable even if filtered or not delivered.

7. Indemnification

You agree to indemnify, defend, and hold harmless ReadySMS from any claims, damages, losses, and expenses arising from your use of the Services, your message content, or your violation of any law or regulation.

8. Limitation of Liability

ReadySMS's total liability shall not exceed the amount you paid in the seven (7) days preceding the claim, or $100, whichever is greater. ReadySMS is not liable for any indirect, incidental, special, or consequential damages.

9. Dispute Resolution — Mandatory Arbitration, Class & Jury Waiver, 30-day Opt-Out

Three-tier ladder. Before any lawsuit, arbitration, or mediation, you must email a Notice of Dispute to legal@readysms.io and the parties shall try to resolve informally for 30 days. If unresolved, the parties shall participate in non-binding JAMS mediation in Cheyenne, Wyoming (or by video conference). If still unresolved, all disputes shall be resolved by final and binding individual arbitration administered by JAMS in Cheyenne, Wyoming, under its Streamlined Rules (claims < $250,000) or Comprehensive Rules (larger claims). Wyoming substantive law applies; the Federal Arbitration Act governs the enforceability of this section.

Class-action waiver. YOU AND READYSMS MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, MASS, PRIVATE-ATTORNEY-GENERAL, OR CONSOLIDATED PROCEEDING.

Jury-trial waiver. YOU AND READYSMS EACH IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

Mass-arbitration bellwether. If 20+ similar individual demands are filed within any rolling 60-day window by coordinated counsel, a 10-case bellwether procedure applies (5 selected by each side); remaining cases are stayed and addressed through good-faith negotiation based on bellwether outcomes.

Loser-pays attorneys' fees. Bilateral fee-shifting applies, with a hardship carveout for individual consumer claimants who brought their claim in good faith.

30-day opt-out. You may opt out of arbitration (but not the class or jury waivers) by emailing legal@readysms.io within 30 days of first accepting these Terms, with your name, account email, and a clear opt-out statement.

10. TCPA Consent Warranty & Per-Send Attestation

Consent Warranty. You represent and warrant that every phone number messaged through ReadySMS has provided prior express written consent compliant with the TCPA (47 U.S.C. § 227) and FCC implementing regulations, including a clear and conspicuous disclosure, an unambiguous signature (electronic or physical), an opt-out mechanism, and a record of the source, timestamp, IP address, and original consent language. You will produce these records to ReadySMS within five (5) business days of any request.

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

11. State-Specific Compliance

You acknowledge and agree to comply with all state-level messaging laws, including but not limited to the Florida Telephone Solicitation Act (FTSA), Washington Commercial Electronic Mail Act (CEMA), Oklahoma Telephone Solicitation Act, Maryland Telephone Consumer Protection Act, New York anti-spam statutes, and analogous laws in every state to which you send. You acknowledge that statutory damages may range from $500 to $1,500 per message under the TCPA and may be higher under state law. You assume all such damages.

12. Quiet Hours and Frequency

You will not send marketing messages outside the recipient's local quiet hours (which vary by state; the strictest is 8:00 AM to 8:00 PM local time) or in violation of any state's frequency limits. Where federal and state rules differ, you will comply with the stricter of the two.

13. DNC and Suppression

You represent that you scrub recipient lists against the National Do-Not-Call Registry, your internal DNC list, and any state-level DNC registries before each send, and that you honor every opt-out within 24 hours and permanently thereafter.

14. 10DLC and Sender Identity

You represent that all information submitted to The Campaign Registry, carriers, or any messaging aggregator (brand identity, EIN, use case, campaign description, sample messages, opt-in language) is true, accurate, and current. You will not spoof, misrepresent, or use deceptive sender identities. Submission of false information to TCR or any carrier may constitute fraud and you assume all civil and criminal liability arising therefrom.

15. Account Ownership

You represent that you are the lawful owner or authorized representative of the business, EIN, and email address associated with your account, and that you have authority to bind that business to these Terms.

16. Cooperation in Defense

If a recipient or any third party serves a demand letter, complaint, regulatory inquiry, or lawsuit on you that mentions ReadySMS or your use of the Services, you will: (a) notify ReadySMS in writing within thirty (30) days, (b) defend and indemnify ReadySMS, (c) reimburse ReadySMS's attorneys' fees and costs, and (d) not name ReadySMS in any cross-claim or third-party action. ReadySMS's role is solely that of a messaging service provider and you are the sole compliance party of record.

17. Class Action Waiver

YOU AND READYSMS EACH AGREE THAT DISPUTES MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL TERM AND IS NOT SEVERABLE FROM THE ARBITRATION AGREEMENT.

18. Termination

ReadySMS may suspend or terminate your account immediately, without refund, for any breach of these Terms, including: spam-complaint rates exceeding 0.5%, opt-out rates exceeding 3%, carrier-rejection rates exceeding 20%, fraudulent submissions to TCR, unpaid balances older than 30 days, or any conduct ReadySMS reasonably believes exposes the platform to legal or regulatory risk. Survival: Sections 2, 3, 4, 7, 8, 9, 10–17, and 20 survive termination.

19. Modification of Terms

ReadySMS may update these Terms with thirty (30) days' notice via email or in-app notification. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not accept, you must terminate your account before the effective date.

20. Governing Law, Venue, Severability, Entire Agreement, Successor Entity, 1-Year SOL

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. Any action permitted in court (including any severed claim under the class-action waiver) shall be brought exclusively in the state or federal courts located in Cheyenne, Wyoming. If any provision is held unenforceable, the remainder will remain in force. These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and ReadySMS. Force majeure events (carrier outages, regulatory action, FCC/CTIA changes, natural disasters, cyberattacks) excuse ReadySMS from performance for the duration of the event. Successor Entity: ReadySMS may transfer the operation of the Service, customer accounts, and these Terms to any affiliated or successor entity without prior notice; the Successor Entity assumes all rights and obligations and these Terms continue to govern. Statute of Limitations: Any claim arising out of or related to these Terms or your use of the Service must be filed within one (1) year after the claim arose, or be forever barred.

21. Call Recording (calls between you and ReadySMS)

You consent to ReadySMS recording any telephone, video, or VoIP call between you and ReadySMS staff, contractors, or automated systems, for quality assurance, training, dispute resolution, fraud prevention, and product improvement. This written consent applies in all two-party-consent jurisdictions (including CA, CT, DE, FL, IL, MD, MA, MT, NV, NH, OR, PA, WA) and satisfies their all-party-consent requirements. Recordings are retained for up to 12 months, longer only for active disputes or legal matters. You may withdraw consent for future calls by emailing support@readysms.io. This clause covers only calls between you and ReadySMS — it does not authorize recording of calls between you and your own customers or prospects.

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