Terms of Service

Effective Date: May 1, 2026

These Terms of Service ("Terms") govern your access to and use of the SyndicateSMS platform, including any related services, features, and content (collectively, the "Service") provided by SyndicateSMS LLC ("SyndicateSMS," "we," "us," or "our"). By creating an account or using the Service in any way, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using syndicatesms.com or any SyndicateSMS mobile application, API, or related tool, you acknowledge that you have read, understood, and agree to these Terms, our Privacy Policy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and SyndicateSMS LLC.

If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

2. Description of Service

SyndicateSMS is a cloud-based SMS marketing platform designed for businesses and sales professionals. The Service enables users to:

• Upload and manage contact lists for SMS outreach;
• Create and send bulk SMS marketing campaigns;
• Configure AI-powered auto-reply workflows to engage with inbound messages automatically;
• Book and manage appointments through SMS-based scheduling; and
• Access analytics and reporting on campaign performance.

SMS delivery is facilitated through third-party telecommunications providers. SyndicateSMS reserves the right to add, modify, or discontinue features at any time with reasonable notice where practicable.

3. Account Registration and Eligibility

To use the Service, you must register for an account. By registering, you represent and warrant that:

• You are at least 18 years of age;
• You are using the Service for lawful business purposes only — the Service is not intended for personal, family, or household use;
• All information you provide during registration is accurate, current, and complete; and
• You will maintain the accuracy of your account information and promptly update it as necessary.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at solutionsbysyndicate@gmail.com if you suspect any unauthorized access to your account. SyndicateSMS is not liable for any loss resulting from unauthorized use of your account.

We reserve the right to refuse registration, suspend, or terminate any account at our discretion.

4. Subscription Plans and Billing

4.1 Plans and Pricing

SyndicateSMS offers monthly and annual subscription plans. Pricing, included SMS credits, and feature availability for each plan are described on our pricing page at syndicatesms.com. We reserve the right to modify pricing with at least 30 days' advance notice to active subscribers.

4.2 Billing and Auto-Renewal

All subscriptions are billed in advance and renew automatically at the end of each billing period (monthly or annually) unless you cancel before the renewal date. Payments are processed by Square, our third-party payment processor. By subscribing, you authorize Square to charge your payment method on a recurring basis for the applicable subscription fee. You acknowledge that billing is governed in part by Square's own terms of service.

4.3 No Refunds on SMS Credits

Subscription fees and SMS message credits are non-refundable. Unused credits from a billing period do not carry over unless your plan explicitly states otherwise. If you cancel your subscription mid-term, you retain access to the Service through the end of the paid billing period but will not receive a prorated refund for the remaining time.

4.4 Failed Payments

If a payment fails, we will attempt to re-process the charge. If the issue is not resolved within a reasonable period, your account may be suspended until payment is received. You are responsible for keeping your payment information current.

4.5 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and similar government charges associated with your use of the Service.

5. SMS Messaging Compliance

5.1 Your Compliance Obligations

The use of SMS marketing is heavily regulated. You are solely responsible for ensuring that all SMS campaigns and messages sent through the Service comply with all applicable laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA), including all Federal Communications Commission (FCC) rules promulgated thereunder;
• The CAN-SPAM Act;
• All applicable carrier messaging policies and guidelines issued by mobile network operators and the Cellular Telecommunications Industry Association (CTIA); and
• Any other federal, state, or local laws governing commercial electronic communications applicable to your business or the recipients of your messages.

SyndicateSMS does not provide legal advice. You are strongly encouraged to consult qualified legal counsel regarding your compliance obligations before sending any commercial SMS messages.

5.2 Consent Requirements

You are solely responsible for obtaining, documenting, and maintaining all legally required consents from each individual on your contact list before sending them any messages via the Service. This includes, where required by law:

• Prior express written consent for marketing messages under the TCPA;
• Clear disclosure of the messaging program at the time of opt-in; and
• Honoring opt-out requests promptly (e.g., responding to "STOP" or similar keywords).

SyndicateSMS is not responsible for any contacts that have not consented to receiving messages from you. Uploading a contact list to the Service does not constitute consent on behalf of those individuals.

5.3 Prohibited Message Content

You agree not to send any messages through the Service that contain:

• Spam, unsolicited commercial messages, or bulk messages to recipients who have not opted in;
• Harassing, threatening, abusive, defamatory, obscene, or discriminatory content;
• Fraudulent, deceptive, or misleading content, including phishing attempts;
• Content that promotes illegal products or services;
• Malware, viruses, or other harmful code; or
• Content that infringes any intellectual property, privacy, or other rights of any third party.

5.4 Carrier Restrictions

Certain message categories — including but not limited to cannabis, firearms, gambling, adult content, and multi-level marketing — are subject to carrier-level restrictions or outright prohibition. You agree not to send such content through the Service and acknowledge that carriers may filter or block messages at their discretion. SyndicateSMS is not liable for message filtering or blocking by carriers.

6. 10DLC Registration

To send application-to-person (A2P) SMS messages in the United States using 10-digit long code (10DLC) numbers, federal regulations and carrier requirements mandate that businesses register their brand and messaging campaigns through The Campaign Registry (TCR).

Before sending any SMS messages through the Service, you must:

• Complete the 10DLC brand and campaign registration process as directed by SyndicateSMS;
• Provide accurate and truthful information about your business and messaging use cases during registration; and
• Comply with all ongoing compliance requirements associated with your registered campaign.

SyndicateSMS reserves the right to suspend your sending privileges until 10DLC registration is approved. Registration approval is subject to carrier and TCR review and is not guaranteed. You acknowledge that registration fees (if any) assessed by third-party registries are separate from SyndicateSMS subscription fees.

7. Acceptable Use Policy

You agree to use the Service only for lawful business purposes and in a manner consistent with these Terms. In addition to the prohibitions listed in Section 5, you agree not to:

• Access or attempt to access any other user's account without authorization;
• Reverse engineer, decompile, or disassemble any portion of the Service;
• Use the Service to transmit any automated, unsolicited, or bulk communications in violation of applicable law;
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure;
• Collect or harvest any personally identifiable information from the Service without authorization;
• Use the Service to impersonate any person or entity or misrepresent your affiliation with any person or entity; or
• Attempt to bypass, disable, or circumvent any security or access control mechanisms of the Service.

SyndicateSMS reserves the right to investigate any suspected violations of this Acceptable Use Policy and to take appropriate action, including suspension or termination of your account, reporting to law enforcement, or pursuing civil remedies.

8. Intellectual Property

8.1 SyndicateSMS Intellectual Property

The Service, including its software, design, user interface, content, trademarks, logos, and all related intellectual property, is owned by or licensed to SyndicateSMS LLC and is protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership rights in the Service or SyndicateSMS's intellectual property.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your lawful business purposes in accordance with these Terms.

8.2 Your Content

You retain ownership of all content, data, and materials you upload or transmit through the Service ("Your Content"), including contact lists and message templates. By using the Service, you grant SyndicateSMS a limited, non-exclusive license to process and transmit Your Content solely as necessary to provide the Service to you.

You represent and warrant that you have all rights necessary to upload and use Your Content through the Service, and that doing so does not infringe any third-party rights.

8.3 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant SyndicateSMS a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without any obligation or compensation to you.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SYNDICATESMS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

We do not warrant that SMS messages sent through the Service will be delivered, as delivery is subject to carrier networks and conditions outside our control.

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNDICATESMS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SYNDICATESMS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SYNDICATESMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

9.3 Indemnification

You agree to indemnify, defend, and hold harmless SyndicateSMS LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation, including the TCPA; or (e) your infringement of any third-party rights.

10. Termination

Either party may terminate these Terms at any time by providing written notice to the other party. You may cancel your account at any time through your account settings or by contacting us at solutionsbysyndicate@gmail.com.

SyndicateSMS reserves the right to immediately suspend or permanently terminate your account, without prior notice or liability, for any of the following reasons:

• Violation of these Terms or our Acceptable Use Policy;
• Sending spam or non-compliant messages, including violations of the TCPA or carrier policies;
• Failure to maintain required 10DLC registration;
• Non-payment of subscription fees;
• Any conduct that we reasonably determine poses a risk to the Service, other users, or third parties; or
• Any requirement by law or regulation.

Upon termination, your right to access and use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — shall survive.

11. Governing Law and Dispute Resolution

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

Before initiating any formal legal proceeding, you agree to contact us at solutionsbysyndicate@gmail.com and provide a written description of the dispute. Both parties agree to make a good-faith effort to resolve the dispute informally within 30 days of notice.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of this page and, where the changes are material, provide notice via email or a prominent in-app notification at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account before the effective date.

13. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us at: