Effective Date: January 1st, 2024
These Terms & Conditions (“Terms”) govern your use of the SMS-Magic services (“Services”), provided by SMS-Magic, Inc. (“SMS-Magic”, “we”, “us”, or “our”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.
1. Services Provided
SMS-Magic provides an SMS messaging platform that enables businesses to send and receive text messages with their customers for communication, marketing, and support purposes.
2. Message Frequency
Message frequency varies per user depending on the type of service or campaign. Some users may receive occasional promotional messages, while others may only receive transactional or support-related messages. The number of messages you receive will depend on your interactions with our Services.
3. Message and Data Rates
Message and data rates may apply when you send or receive text messages using our Services. You are responsible for any costs associated with sending or receiving messages, as well as any data usage incurred during the use of our Services. Please check with your mobile carrier for information on applicable rates.
4. Opt-In and Opt-Out
By signing up for SMS-Magic, you consent to receiving text messages from us or businesses using our Services. You may opt out of receiving further messages at any time by replying to any message with the word “STOP”. After opting out, you will no longer receive messages, except for those related to account management, service updates, or legal requirements.
To get help, you can reply with the word “HELP” to receive instructions on how to manage your preferences.
5. Carriers Not Liable
Carriers are not liable for delayed or undelivered messages. SMS-Magic does not control the delivery of messages and is not responsible for any interruptions, delays, or failures in message transmission.
6. User Responsibilities
You agree to use the Services in accordance with applicable laws and regulations, including not using the Services to send unsolicited or spam messages (SMS marketing). You are responsible for maintaining the confidentiality of any account or login information associated with the Services.
7. Prohibited Use
You agree not to use the Services to:
· Send abusive, illegal, or harassing messages
· Violate any privacy rights or send unauthorized marketing messages
· Use the Services to distribute malware or engage in any form of hacking
Violation of these terms may result in termination of your access to the Services.
8. Account Termination
SMS-Magic reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and without notice. If you wish to terminate your account, you may do so by contacting us directly or following the instructions provided in your account settings.
9. Limitation of Liability
SMS-Magic is not liable for any indirect, incidental, special, or consequential damages arising out of the use of the Services. Our total liability to you for any claim related to the use of the Services will not exceed the amount you have paid for the specific service that gave rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless SMS-Magic, its officers, employees, agents, and affiliates, from any and all claims, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Services or violation of these Terms.
11. Changes to Terms
SMS-Magic reserves the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated effective date. By continuing to use the Services after any changes, you agree to be bound by the revised Terms.
12. Governing Law
These Terms are governed by the laws of Ohio, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Ohio.
13. Contact Us
If you have any questions or concerns about these Terms & Conditions, please contact us at:
Email: ContactUs@thsrss.com Phone: (513) 882-9088
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By using SMS-Magic’s services, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them.
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Privacy Policy Section for Message Frequency and Opt-Out
Message frequency varies per user. Message and data rates may apply. Text HELP for help. Text STOP to unsubscribe. Carriers are not liable for delayed or undelivered messages.