1. Agreement to Terms
These Terms of Service ("Terms") form a binding legal agreement between you ("Client," "you," or "your") and 24-7 SMS Ltd., operating as 24-7 SMS ("24-7 SMS," "we," "us," or "our"), governing your access to and use of the 24-7 SMS service, website at 24-7sms.com, owner dashboard, and all related software, tools, and features (collectively, the "Service").
By subscribing to, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.
We may modify these Terms at any time. Material changes will be communicated by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
2. Description of the Service
24-7 SMS is a done-for-you, AI-powered SMS lead-response service for businesses. The Service may include, without limitation:
- Automated SMS responses to inbound text messages using third-party large language model (LLM) technology;
- Lead qualification, summarization, and conversation handling;
- An owner dashboard for reviewing conversations, summaries, notes, and lead statuses;
- Setup, configuration, and business customization;
- Ongoing maintenance and support.
The specific features available to you depend on your subscription and any custom setup we agree to. We reserve the right to modify, add, or remove features at any time.
3. Eligibility
You must be at least the age of majority in your jurisdiction (19 in British Columbia) and capable of forming a binding contract to use the Service. The Service is intended for business use only and not for personal, household, or consumer purposes.
4. Accounts and Setup
To use the Service, you may need to provide account information and cooperate with our setup process, including providing accurate information about your business, services, tone, and lead-handling preferences. You are responsible for:
- Providing accurate, complete, and current information;
- Maintaining the confidentiality of any credentials, dashboard access, or connected phone numbers;
- All activity that occurs under your account or through your connected numbers.
You must notify us immediately of any unauthorized use of your account.
5. Fees, Billing, and Renewal
Subscription fee. The Service is offered on a subscription basis at the price stated at checkout (currently $199 per month, or as otherwise agreed in writing). Prices are exclusive of applicable taxes unless stated otherwise.
Payment processing. Payments are processed by our third-party payment processor (Stripe). By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis. You agree to Stripe's terms and acknowledge we do not store your full payment card details.
Automatic renewal. Your subscription renews automatically each billing cycle until cancelled. By subscribing, you authorize recurring charges at the then-current rate until you cancel.
Price changes. We may change subscription pricing. We will provide reasonable notice before a price change takes effect. Continued use after the change constitutes acceptance of the new price.
Failed payments. If a payment fails, we may suspend or terminate the Service until payment is resolved.
6. Cancellation and Refunds
Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of the period you have already paid for.
No refunds. Except where required by applicable law, all fees are non-refundable. We do not provide refunds or credits for partial billing periods, unused time, or features not used. By subscribing, you acknowledge and agree to this no-refund policy.
Effect of cancellation. Upon cancellation or termination, your access to the Service, dashboard, and any associated data may be deactivated. We are not obligated to retain or export your data after termination, though we may do so for a limited period at our discretion or as required by law. You are responsible for exporting any data you wish to keep before cancellation.
7. Client Responsibilities and Legal Compliance
You acknowledge and agree that:
- You are the party with the direct relationship with the individuals who text your business (your customers, leads, and contacts). You are solely responsible for those relationships and communications.
- You are solely responsible for obtaining all necessary consents from individuals before any SMS messages are sent to or received from them through the Service, including express or implied consent required under Canada's Anti-Spam Legislation (CASL), the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any other applicable telecommunications, marketing, privacy, or data-protection laws.
- You are solely responsible for compliance with all laws, regulations, and carrier rules applicable to your use of the Service, including CASL, TCPA, applicable privacy laws (including PIPEDA and BC's Personal Information Protection Act), consumer-protection laws, and the rules and policies of telecommunications carriers and aggregators (including Twilio's Acceptable Use Policy and messaging guidelines).
- You are responsible for the content of your business profile, the services you offer, your pricing, and any information you configure the Service to communicate.
- You will not use the Service to send spam, unsolicited messages, unlawful content, harassing or abusive content, or messages to individuals who have opted out or revoked consent.
- You will honor opt-out requests (e.g. STOP, UNSUBSCRIBE) and ensure your use of the Service respects them.
You represent and warrant that your use of the Service complies with all of the above. You assume all liability arising from your messaging, your consent practices, and your communications with individuals.
8. Acceptable Use
You agree not to, and not to permit others to:
- Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose;
- Send messages that are illegal, defamatory, obscene, threatening, harassing, hateful, or that infringe any third party's rights;
- Send phishing, scam, or malware-related content;
- Transmit sensitive personal data (such as health, financial account, or government-identifier information) through the Service except as expressly contemplated by the Service's lead-capture purpose;
- Reverse engineer, decompile, scrape, copy, resell, sublicense, or create derivative works of the Service or its underlying software, except as permitted by law;
- Interfere with, overload, or attempt to gain unauthorized access to the Service or its infrastructure;
- Use the Service to build a competing product;
- Misrepresent your identity or affiliation.
We may suspend or terminate your access immediately, without notice or refund, for any violation of this section.
9. Artificial Intelligence — Disclaimer and Your Responsibility
The Service uses automated systems and third-party large language model (LLM) technology to generate SMS responses, summaries, and lead qualification. You acknowledge and agree that:
- AI-generated output may be inaccurate, incomplete, inappropriate, delayed, or unexpected. It may misinterpret messages, generate incorrect information, or fail to respond as intended.
- AI output does not constitute professional, legal, financial, medical, or other advice, and must not be relied upon as such by you or by anyone who texts your business.
- You are responsible for reviewing, monitoring, and supervising the conversations and output generated through the Service, and for any follow-up, commitments, quotes, bookings, or representations made to your leads and customers.
- 24-7 SMS does not guarantee the accuracy, quality, tone, timing, or outcome of any AI-generated message or summary, and is not responsible for actions taken (or not taken) based on them.
You assume all risk arising from the use of AI-generated output in your business.
10. Third-Party Services
The Service relies on third-party providers, which may include Twilio (SMS delivery), OpenAI or other LLM providers (AI processing), Render (hosting), Base44 (dashboard infrastructure), and Stripe (payments). Your use of the Service may be subject to those providers' terms.
We do not control these third parties and are not responsible for their acts, omissions, outages, errors, pricing changes, data practices, or discontinuation of service. Interruptions, failures, delays, or message-delivery problems caused by third-party providers, telecommunications carriers, or the public internet are outside our control, and we are not liable for them.
11. Service Availability — No Uptime Guarantee
We aim to keep the Service available but provide no guarantee of uptime, availability, message delivery, response speed, or uninterrupted operation. The Service may be unavailable due to maintenance, updates, third-party outages, carrier issues, technical failures, or causes beyond our control.
You acknowledge that automated systems can experience delays, cold starts, downtime, dropped messages, or failures, and that 24-7 SMS is not liable for any lead, opportunity, revenue, or business lost as a result of any delay, downtime, missed message, failed delivery, or error, whether caused by us, a third party, or otherwise.
12. Intellectual Property
Our IP. The Service, including all software, code, dashboards, designs, text, branding, and underlying technology, is owned by or licensed to 24-7 SMS and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription, solely for your internal business purposes and subject to these Terms. No other rights are granted.
Your content. You retain ownership of the business information and content you provide. You grant us a worldwide, royalty-free license to use, host, process, transmit, and display that content and the data flowing through the Service as necessary to operate and provide the Service, improve it, and comply with law.
Feedback. Any feedback or suggestions you provide may be used by us without restriction or obligation to you.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, secure, timely, accurate, or that it will meet your requirements or produce any particular result, including any specific number of leads, conversions, bookings, or revenue.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- 24-7 SMS, its directors, officers, owner, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, leads, customers, business, goodwill, data, or opportunity, arising out of or related to the Service or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, even if we have been advised of the possibility of such damages.
- Our total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the total amount you actually paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.
These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold harmless 24-7 SMS, its directors, officers, owner, employees, contractors, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service;
- Your messages, content, communications, and business operations;
- Your failure to obtain required consents or to comply with CASL, TCPA, CAN-SPAM, carrier rules, privacy laws, or any other applicable law;
- Your violation of these Terms or the rights of any third party;
- Any dispute between you and any individual who texts your business or any of your customers or leads.
This obligation survives termination of these Terms.
16. Term and Termination
These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without cause, with or without notice, including for non-payment or breach of these Terms. You may terminate by cancelling your subscription as described in Section 6.
Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 7, 9, 12, 13, 14, 15, 17, and 18) will survive.
17. Governing Law and Disputes
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that the courts located in British Columbia, Canada will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to the personal jurisdiction of those courts.
To the extent permitted by law, any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred.
18. General
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be enforced to the maximum extent permitted.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our written consent. We may assign them freely.
- Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
- Notices. We may provide notices by email or through the Service.
19. Contact
Questions about these Terms:
24-7 SMS Ltd.
Email: steelvancity@icloud.com
Address: 3668 W 6th Ave, Vancouver, BC, Canada