Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Sheet SMS, including the Google Sheets add-on, the website at sheetsms.com, the dashboard, all APIs, tools, and any related services (collectively, the "Service"). By installing, accessing, or using the Service in any way, you ("User", "you", or "your") agree to be bound by these Terms in their entirety. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Sheet SMS provides a tool that allows users to send SMS messages from Google Sheets. The Service is provided on an "as is" and "as available" basis. Sheet SMS does not guarantee uninterrupted or error-free operation, message delivery, or any specific outcome from the use of the Service.

3. User Responsibility

You are solely and entirely responsible for all activity conducted through your account and all content sent using the Service. This includes, without limitation:

• The content, accuracy, and legality of every SMS message you send through the Service.
• Obtaining all necessary consents, permissions, and opt-ins from recipients before sending any messages, in compliance with all applicable laws and regulations.
• Ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR), and any other applicable telecommunications, privacy, or anti-spam laws.
• All phone numbers, contact data, personal information, and any other data you upload, input, or process through the Service.
• Any consequences, damages, claims, losses, or liabilities arising from messages you send or actions you take using the Service.
• Ensuring that you do not use the Service to send unsolicited messages, spam, harassing content, threats, illegal content, fraudulent messages, phishing attempts, or any content that violates any law or the rights of any third party.
• Maintaining the security of your account credentials and access to your Google Sheets.

4. Prohibited Uses

You agree not to use the Service to:

• Send unsolicited commercial messages (spam) or messages to recipients who have not expressly opted in to receive them.
• Send messages that are illegal, threatening, abusive, harassing, defamatory, obscene, fraudulent, or otherwise objectionable.
• Engage in phishing, scamming, or any deceptive practices.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Violate any applicable law, regulation, or industry standard.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Attempt to gain unauthorized access to any part of the Service or any other systems or networks.
• Use the Service to transmit malware, viruses, or any other harmful code.
• Resell, redistribute, or sublicense the Service without prior written consent.

Sheet SMS reserves the right to suspend or terminate your account immediately, without notice or refund, if you engage in any prohibited use or violate these Terms.

5. 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 fullest extent permitted by applicable law, Sheet SMS disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Any warranty that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
• Any warranty regarding the delivery, receipt, accuracy, timeliness, or reliability of any SMS messages sent through the Service.
• Any warranty regarding the accuracy or reliability of any information obtained through the Service.

You acknowledge that SMS message delivery depends on third-party carriers, networks, and infrastructure over which Sheet SMS has no control. Sheet SMS does not guarantee that any particular message will be delivered, delivered on time, or delivered to the intended recipient.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHEET SMS, ITS OWNER, OPERATORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service.
• Any messages sent, received, or not delivered through the Service.
• Any unauthorized access to or alteration of your data or transmissions.
• Any conduct or content of any third party related to the Service.
• Any errors, mistakes, inaccuracies, or omissions in the Service.
• Any claims or damages resulting from your violation of any law or regulation.
• Any other matter relating to the Service.

In no event shall Sheet SMS's total aggregate liability to you for all claims arising out of or related to the Service exceed the total amount you have paid to Sheet SMS in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty US dollars ($50.00), whichever is less.

7. Indemnification

You agree to indemnify, defend, and hold harmless Sheet SMS, its owner, operators, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of the Service.
• Any messages you send through the Service.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Any claim by a third party arising from or related to messages you sent using the Service.
• Any data, content, or information you submit, transmit, or make available through the Service.

8. SMS Credits and Payments

SMS credits are purchased on a pay-as-you-go basis. Credits do not expire. All purchases are final unless otherwise agreed in writing. Sheet SMS reserves the right to change pricing at any time. Price changes will not affect credits already purchased. Refunds are granted solely at the discretion of Sheet SMS.

9. Account Termination

Sheet SMS may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. Upon termination, your right to use the Service ceases immediately. Sheet SMS shall not be liable to you or any third party for any termination of your access to the Service. Any unused credits at the time of termination for cause (violation of these Terms) are forfeited.

10. Intellectual Property

The Service, including all software, design, text, graphics, logos, and other materials, is the property of Sheet SMS and is protected by applicable intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works based on the Service without prior written consent.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

12. Third-Party Services

The Service relies on third-party infrastructure including, but not limited to, Google Workspace, telecommunications carriers, and cloud hosting providers. Sheet SMS is not responsible for the availability, performance, or policies of any third-party services. Your use of Google Sheets is subject to Google's own terms of service.

13. Modifications to the Service and Terms

Sheet SMS reserves the right to modify, suspend, or discontinue any part of the Service at any time without notice. Sheet SMS also reserves the right to update these Terms at any time. Continued use of the Service after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

14. No Waiver

The failure of Sheet SMS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Sheet SMS regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Contact

If you have questions about these Terms, please contact us at mike@sheetsms.com or visit our Contact page.