Terms of Service

Please read these Terms of Service carefully before using the SimpleSend platform. By accessing or using SimpleSend, you agree to be bound by these terms. If you do not agree, do not use the service.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and SimpleSend ("SimpleSend," "we," "us," or "our") governing your access to and use of the SimpleSend bulk SMS messaging platform, website, APIs, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of a company, government agency, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

2. Service Description

SimpleSend is a web-based software-as-a-service (SaaS) platform that enables organizations — primarily local government agencies, nonprofits, and civic institutions — to send bulk SMS (text message) communications to opted-in subscribers. The Service includes tools for contact list management, message composition, campaign scheduling, delivery tracking, opt-out management, and an embeddable website widget for subscriber acquisition.

SimpleSend transmits messages through third-party telecommunications carriers and messaging infrastructure providers, including Amazon Web Services (AWS) End User Messaging. Delivery of any particular message is not guaranteed and is subject to carrier routing, recipient handset availability, and applicable law.

3. Accounts and Registration

To use the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

You must be at least 18 years of age to use the Service. By registering, you represent that you are 18 or older and have the legal authority to enter into these Terms.

SimpleSend reserves the right to refuse service, suspend, or terminate accounts at our sole discretion, including for violations of these Terms.

4. SMS Messaging Terms

This section governs the use of SimpleSend's SMS features, including outbound message campaigns and the embeddable subscriber signup widget. By using SMS features, you agree to the following terms in addition to all other provisions of these Terms.

4.1 Subscriber Opt-In Consent

You must obtain clear, affirmative, and documented prior express written consent from each individual before sending them marketing or informational SMS messages using the Service. Consent must be obtained through one of the following means:

• A double opt-in process (e.g., subscriber submits their phone number and confirms by replying YES to a confirmation message), or
• A signed consent form or other documented written agreement, or
• An online form where the subscriber is clearly informed they are signing up to receive SMS messages.

You may not import or upload contact lists unless you can demonstrate that each contact has provided express prior consent to receive SMS messages from your organization.

4.2 Message Content Requirements

Each SMS message sent through SimpleSend must include, at minimum:

• Your organization's name (so recipients know who is contacting them), and
• Clear opt-out instructions (e.g., "Reply STOP to unsubscribe").

Your initial confirmation message to new widget subscribers must include: your organization name, a description of the message program, opt-out instructions (STOP), and the disclosure: "Msg & data rates may apply."

4.3 Opt-Out Management

SimpleSend automatically processes STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT replies as opt-out requests. You must honor all opt-out requests immediately and must not send further messages to opted-out numbers. SimpleSend tracks opt-out status on your behalf; however, it is your ultimate responsibility to ensure compliance.

Subscribers may opt back in by texting START or YES to your messaging number after having opted out.

4.4 Message Frequency

Message frequency varies by organization and program. When using the SimpleSend subscriber signup widget, your opt-in confirmation message must accurately describe the expected message frequency (e.g., "Up to 4 messages per month").

4.5 Prohibited SMS Content

You may not use the Service to send messages containing:

• Unsolicited commercial messages (spam)
• Hate speech, harassment, or threatening content
• Adult content, explicit material, or content not appropriate for all ages
• Content promoting illegal products, services, or activities
• Deceptive, misleading, or fraudulent content
• Phishing attempts or malicious links
• Content that violates the SHAFT categories (Sex, Hate, Alcohol, Firearms, Tobacco) as defined by CTIA guidelines

SimpleSend reserves the right to immediately suspend any account sending prohibited content.

4.6 Carrier Compliance

Your use of SimpleSend's SMS features must comply with the policies of all applicable wireless carriers, the CTIA Messaging Principles and Best Practices, and the guidelines of The Campaign Registry (TCR) for 10DLC (10-digit long code) messaging. Violations of carrier policies may result in message filtering, number deregistration, or account suspension without prior notice.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service or related infrastructure
• Attempt to gain unauthorized access to the Service or its related systems
• Harvest, collect, or store personal information about other users without their consent
• Engage in any activity that could impose an unreasonable load on the Service's infrastructure

6. Legal Compliance

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including without limitation:

• Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 and its implementing regulations
• CAN-SPAM Act (to the extent applicable to SMS)
• State telemarketing and consumer protection laws
• FCC regulations governing commercial mobile service
• All applicable data protection and privacy laws

SimpleSend provides tools to assist with compliance (opt-out tracking, double opt-in widgets, etc.) but makes no representation that use of those tools is sufficient to ensure compliance with all legal requirements. You should consult your own legal counsel regarding your specific compliance obligations.

7. Data and Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all data you upload to or generate using the Service ("Customer Data"), including your contact lists and message content. You grant SimpleSend a limited, non-exclusive license to process Customer Data solely to provide the Service.

You represent and warrant that you have all necessary rights and consents to upload Customer Data to the Service and to use it in connection with the Service.

SimpleSend will maintain reasonable administrative, technical, and physical safeguards designed to protect the security and confidentiality of Customer Data. In the event of a data breach affecting your data, SimpleSend will notify you as required by applicable law.

8. Fees and Payment

Access to the Service requires payment of subscription fees as described on our Pricing page. Fees are billed in advance on a monthly basis and are non-refundable except as expressly stated in these Terms or required by law.

You authorize SimpleSend to charge your payment method on file for all applicable fees. If payment fails, SimpleSend may suspend access to the Service until outstanding amounts are paid.

SimpleSend reserves the right to change pricing with at least 30 days' advance written notice to you. Your continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

9. Intellectual Property

The Service, including all software, content, interfaces, trademarks, logos, and technology, is owned by SimpleSend and protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in or to the Service beyond the limited right to use it as described herein.

You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software, nor may you reverse engineer or attempt to extract the source code, unless permitted by law or with SimpleSend's written consent.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

SIMPLESEND DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) MESSAGES SENT THROUGH THE SERVICE WILL BE DELIVERED TO THEIR INTENDED RECIPIENTS; OR (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLESEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF SIMPLESEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SIMPLESEND'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SIMPLESEND IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless SimpleSend and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including the TCPA; (d) any content or data you submit to the Service; or (e) any claim that your messages caused harm to a third party.

13. Termination

You may terminate your account at any time by contacting us at hello@getsimplesend.com. No refunds will be issued for the current billing period upon termination.

SimpleSend may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms, violate applicable law, or your account remains delinquent. Upon termination, your right to use the Service immediately ceases.

Sections 6, 9, 10, 11, 12, and 14 of these Terms shall survive any termination.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms shall be resolved exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.

NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO PREVENT IRREPARABLE HARM PENDING RESOLUTION OF A DISPUTE.

15. Changes to Terms

SimpleSend reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms to this page with a revised "Last updated" date, and where appropriate, by sending an email notification to the address on your account. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

16. Contact Information

If you have any questions about these Terms, please contact us: