Legal

Terms of Service

Last updated: May 29, 2026

These Terms of Service ("Terms") govern your use of the POSSMS browser extension, hosted dashboard, supporting backend services, and any related software or content (collectively, the "Service"), provided by POSSMS ("POSSMS," "we," "our," or "us"). By installing, accessing, or using the Service you ("you," "Subscriber," or "Sender") agree to be bound by these Terms. If you do not agree, do not use the Service.

Read this carefully. POSSMS is a relay tool. You are the Sender of every message that passes through the Service. You are solely and entirely responsible for the content of those messages, for obtaining consent from every recipient, for honoring opt-outs, and for complying with all applicable laws and carrier rules. We do not write, schedule, or send messages on our own and we have no editorial control over what you send.

1. The Service

The Service provides a software interface that lets you send and receive SMS and MMS messages with your customers through messaging providers such as Twilio. The Service does not generate message content. It does not select recipients. It does not send messages on its own. It is a conduit for messages that you compose and choose to send.

2. Your Account

You must be at least 18 years old and authorized to act on behalf of the business you represent. You agree to provide accurate account information, keep it current, and keep your credentials confidential. You are responsible for all activity that occurs under your account.

3. Sender Responsibility

You acknowledge and agree that:

You are the Sender of every message. Every SMS or MMS message dispatched through your account is sent by you for legal, regulatory, and contractual purposes. POSSMS is your software vendor, not the originator of your messages.
You are solely responsible for the content. You control message text, images, links, recipient lists, and the timing of every send.
You have obtained all required consent. Before sending any message to a recipient, you have lawful prior consent of the type required by applicable law for that category of message (for example, prior express written consent for marketing messages under the United States Telephone Consumer Protection Act ("TCPA")), and you maintain records of that consent for as long as required.
You will honor opt-outs. You will treat STOP, UNSUBSCRIBE, QUIT, CANCEL, END, or any other reasonable indication of withdrawal of consent as an immediate and permanent opt-out for that recipient, and you will not contact that recipient again without renewed lawful consent.
You will comply with all applicable laws and rules. Without limitation, these include the TCPA, the CAN-SPAM Act, FCC rules, state telemarketing and consumer-protection laws, the CTIA Short Code Monitoring Handbook and Messaging Principles & Best Practices, applicable A2P 10DLC brand and campaign registration requirements, the U.S. National Do Not Call Registry where applicable, Twilio's Acceptable Use Policy and Messaging Policy, and any analogous laws or rules in any jurisdiction you message into (including GDPR, CCPA, CASL, and the UK PECR where applicable).
You are responsible for A2P 10DLC registration. Where required by U.S. carriers, you must register your business as a brand and register each messaging campaign before sending. Unregistered traffic may be filtered, surcharged, or blocked by carriers, and any resulting fees or delivery failures are your responsibility.
You will not send prohibited content. You will not use the Service to send messages that are unlawful, fraudulent, deceptive, harassing, threatening, defamatory, obscene, that infringe a third party's rights, that promote violence, hate, or discrimination, that involve minors in sexual contexts, that contain malware or phishing links, that fall within content categories restricted by U.S. wireless carriers (including but not limited to gambling outside of licensed contexts, cannabis or CBD outside of permitted contexts, illegal substances, sex services, hate speech, alcohol or tobacco solicitations to recipients whose age you have not lawfully verified, and firearm sales not permitted by law), or that you have any reason to believe a recipient does not want to receive.
You will not impersonate. You will not pretend to be POSSMS, another business, a government agency, or any individual other than the entity you actually represent.
You will keep records. You will retain records of consent, opt-outs, and the content and timing of messages sent for as long as required by applicable law, and you will produce those records on lawful request.

POSSMS is not your compliance officer. The Service does not, and cannot, verify that you have consent from any recipient, that your content is lawful, or that your business is properly registered. Compliance is your job, not ours.

4. Indemnification

You will defend, indemnify, and hold harmless POSSMS, its affiliates, and its and their respective officers, directors, employees, agents, and contractors (the "POSSMS Parties") from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, judgments, fines, settlements, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

any message you send or attempt to send through the Service;
your breach or alleged breach of these Terms, including any of the representations in Section 3;
your violation or alleged violation of any law, rule, regulation, carrier requirement, or third-party right (including any complaint by a recipient, any class action under the TCPA or analogous statutes, any regulatory action by the FCC, FTC, state attorneys general, or any equivalent authority, and any chargeback, fine, or surcharge imposed by a messaging provider or wireless carrier);
your content, conduct, account credentials, or use or misuse of the Service.

POSSMS may, at its option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us. You will not settle any matter affecting POSSMS without our prior written consent.

5. Disclaimer of Warranties

The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by law, POSSMS disclaims all warranties, express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted operation, or that the Service will be secure, error-free, or free of viruses or other harmful components.

We do not guarantee that any message will be delivered, that delivery will be timely, that inbound messages will be received, or that the Service will be available at any given moment. Wireless carriers, messaging providers, and the public internet are outside our control and may delay, filter, surcharge, modify, or block messages without notice.

6. Limitation of Liability

To the maximum extent permitted by law, in no event will the POSSMS Parties be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost data, lost business opportunities, regulatory fines, or carrier surcharges, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the aggregate liability of the POSSMS Parties for any and all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you actually paid to POSSMS for the Service during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Multiple claims do not enlarge this cap.

Some jurisdictions do not allow certain limitations of liability, so the above limits may not apply to you in part. In that case, our liability is limited to the maximum extent permitted by law.

7. Fees, Third-Party Costs, and Suspension

You are responsible for all charges associated with your use of the Service, including charges billed by Twilio or any other messaging provider for messages sent or received through your account, carrier surcharges, and any fines or penalties imposed by a messaging provider, carrier, or regulatory authority. We may suspend the Service or your account immediately, without notice and without liability, if your use generates excessive complaints, triggers carrier action, exposes us to legal risk, or if any of your third-party accounts (such as Twilio) are suspended or terminated.

8. Acceptable Use; Enforcement

We may, in our sole discretion and at any time, refuse, throttle, filter, or remove access to any message, recipient, account, or feature that we believe in good faith violates these Terms, any law, or any third-party requirement. We may report unlawful activity to law enforcement. We are not obligated to monitor the content of your messages but may do so to investigate suspected abuse, security issues, or violations of these Terms.

9. Termination

You may stop using the Service at any time. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, for any reason or no reason, including without limitation for any breach of these Terms. On termination, Sections 3 through 13 will survive.

10. Changes to the Service or These Terms

We may modify or discontinue the Service, or any part of it, at any time. We may also revise these Terms from time to time by posting an updated version at this URL. Material changes will be flagged on this page. Your continued use of the Service after the effective date of an update constitutes acceptance. If you do not agree to the updated Terms, your sole remedy is to stop using the Service.

11. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles. Subject to the next paragraph, the exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Any claim must be brought within one (1) year after the cause of action arises or be permanently barred. You agree that any dispute will be resolved on an individual basis only and not as part of any class, collective, or representative action.

13. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement signed by both parties, constitute the entire agreement between you and POSSMS regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
No waiver. Our failure to enforce any provision is not a waiver of that provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including without limitation outages of carriers, messaging providers, cloud infrastructure, or the public internet.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and POSSMS.

14. Contact

Questions about these Terms:
[email protected]