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Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing and using CrewSMS ("the Service"), you accept and agree to be bound by the terms and provision of this agreement ("Terms of Service"). If you do not agree to abide by the above, please do not use this service.

2. Description of Service

CrewSMS provides an SMS-email bridge service that enables seamless communication between office-based email systems and field workers using SMS. The Service includes:

  • Bidirectional SMS-email conversion
  • Conversation threading and message history
  • Multi-tenant architecture with data isolation
  • Administrative dashboards and reporting
  • Customer support and technical assistance

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Eligibility

You must be at least 18 years old and have the legal authority to enter into this agreement on behalf of your organization.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service for legitimate business communication purposes in accordance with these Terms and applicable laws.

4.2 Prohibited Activities

You agree not to use the Service for:

  • Sending unsolicited commercial messages (spam)
  • Transmitting malicious code, viruses, or harmful content
  • Violating any applicable laws or regulations
  • Infringing upon intellectual property rights
  • Harassing, threatening, or abusing others
  • Attempting to gain unauthorized access to our systems
  • Reverse engineering or attempting to extract source code
  • Using the Service for illegal or fraudulent activities

4.3 Content Standards

All content transmitted through the Service must comply with applicable laws and regulations, including but not limited to TCPA (Telephone Consumer Protection Act) requirements for SMS communications.

5. Billing and Payment

5.1 Subscription Plans

The Service is offered through various subscription plans with different features and usage limits. Current pricing is available on our website.

5.2 Payment Terms

Subscription fees are charged in advance on a monthly or annual basis. Payment is due immediately upon subscription and on each renewal date.

5.3 Usage Charges

Additional charges may apply for usage exceeding your plan's included limits. You will be notified of such charges before they are incurred.

5.4 Late Payment

Failure to pay fees when due may result in suspension or termination of your account. We reserve the right to charge late fees for overdue payments.

5.5 Refund Policy

Subscription fees are generally non-refundable. Refunds may be considered on a case-by-case basis for service outages or other exceptional circumstances.

6. Data and Privacy

6.1 Data Ownership

You retain ownership of all data and content you submit to the Service. We do not claim ownership of your communications or business information.

6.2 Data Processing

We process your data in accordance with our Privacy Policy to provide the Service. This includes routing messages between email and SMS systems.

6.3 Data Security

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security.

7. Service Availability and Support

7.1 Service Level

We strive to maintain high service availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.

7.2 Support

Customer support is provided according to your subscription plan. Response times and support channels vary by plan level.

7.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice to users.

8. Intellectual Property

8.1 Our Rights

The Service, including all software, technology, and content, is owned by CrewSMS and is protected by copyright, trademark, and other intellectual property laws.

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.

9. Limitation of Liability

9.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation

IN NO EVENT SHALL CREWSMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

9.3 Maximum Liability

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless CrewSMS from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you transmit through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting customer support or through your account dashboard.

11.2 Termination by Us

We may terminate or suspend your account immediately if you violate these Terms or for other legitimate business reasons.

11.3 Effect of Termination

Upon termination, your access to the Service will cease, and we may delete your data after a reasonable retention period.

12. Compliance and Legal Requirements

12.1 Regulatory Compliance

You are responsible for ensuring your use of the Service complies with all applicable laws and regulations, including:

  • Telephone Consumer Protection Act (TCPA)
  • CAN-SPAM Act
  • State and local communication regulations
  • Industry-specific compliance requirements

12.2 Export Controls

The Service may be subject to export control laws. You agree to comply with all applicable export and import laws.

13. Governing Law and Disputes

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws provisions.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CrewSMS regarding the Service.

14.2 Modifications

We may modify these Terms at any time by posting updated terms on our website. Continued use of the Service constitutes acceptance of modified terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]

Address: CrewSMS Legal Department
[Business Address]
[City, State, ZIP Code]

16. Effective Date

These Terms of Service are effective as of January 1, 2025.

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