SMS Terms of Service

Terms of Service
  1. Changes to These Terms
    These terms might change without notice. If you keep using our services after the terms change, then you have accepted those changes.
     
  2. Your Account
    If you want to use our services, you need to create an account. You are responsible for anything that happens under your account and any fees that it incurs.
     
  3. Access and Use of the Services
    We want to make our services available to you at all times, but things happen that can occasionally (very occasionally) make our services unavailable. Not being able to use our services does not entitle you to any credit, refund or claim against us.
     
  4. Customer Data
    Text messaging is insecure by nature, so please keep that in mind when using our services and don't send out data of personal nature that should be private. There is nothing we can do about it, and therefore cannot be held responsible.
     
  5. Opt-in / Opt-out and transparency.
    • Opt-in: Don't send unsolicited texts.
      You must get express consent for each number you want to send texts to.
    • Opt-out: Provide an Opt-out method.
      The system automatically adds "Reply STOP to unsubscribe" at the end of every message you send. If a user replies with STOP, you must not use this service to continue sending that number any messages.
    • Transparency: Identify yourself and your mosed in each message you send. 
      Do this by starting your message with "Hi this is rabbi x from chabad of x" for example.
       
  6. Some other "dos and don'ts" when using our services.
    • don't transfer our services or resell them
    • don't use our services to contact emergency services such as 911.
    • don't use our services to break laws, regulations, rules, etc., or to violate someone else's rights.
    • don't reverse engineer, etc., any software we provide
       
  7. Fees and Payment Terms
    You agree to pay the fees generated under your account. Please refer to the Pricing Page for current fees.

    You are charged per SMS regardless of whether the message is actually delivered to the recipients phone number. For example: a wrong phone number will still incur the charge.
    We currently send to US and Canada phone numbers only. It is your responsibility to ensure that you are only using the service to send to US and Canada phone numbers. If you attempt to send to other countries, the SMS will not be delivered but you will still be charged for the send as with a failed delivery.

    Incoming SMS are billed for at the same rate.
    Forwarding SMS to a different phone number is also billed at the same rate.
    There is no charge for forwarding to an email address.

    Payments are by credit card only. You can update your credit card any time within the application.
    You agree to maintain a valid credit card on your account. Should your card expire or if you get a new card, you must update the card on file.

    All fees will be deducted from your Account Balance. Your account balance is non-refundable. Funds in your account can be used at any time and never expire.
     
    Because the relatively low transaction amount involved, we require that you have a balance on your account starting with a minimum of $50, you can add money to your account balance when/as needed. Minimum transaction is $50. Fees are deducted from your balance whenever you use the service, or for the monthly fee for phone numbers.

    When your balance does not cover the cost of an SMS you are about to send, you are given the option to add money to your account (minimum $50) and proceed with sending out your message.

    If your balance cannot cover the monthly fee for the phone numbers you own, $50 will be charged automatically to your card on file and added to your account balance.
    If your card is declined for any reason, the phone numbers will be removed from your account. Should this happen, you will be required to purchase a new phone number next time you want to use this service. In order to prevent this from happening, we encourage that you keep a balance cushion on your account to cover the monthly phone number fees.

    Inactive Phone Numbers. At times, the phone company will reclaim inactive phone numbers at their discretion. If you own a phone number but aren't using it, it's best to release it so that you don't incur monthly fees. Released phone numbers or phone numbers that were reclaimed by the phone company due to inactivity, cannot be used or reclaimed by you. You will need to purchase a new phone number.
     
  8. Warranty Disclaimer and Limitation of Liability
    We are offering the service "as is" and have no liability at all should the service not work, or not work as expected. Neither of us owe each other for any bad things that might indirectly result from our services not working as intended, like lost business. 
     
  9. Term; Termination; Suspension
    These terms become effective on the day you click "I Accept".
    Either we or you may terminate these terms and close your Account. To close your account, please contact support at support@chabadms.com. Money in your Account Balance is not refundable. We may suspend an account if there is breach of terms by you and isn't remedied in 5 days.