Legal
Terms of Service
What you pay for, what we do for you, and what stays your call.
Welcome to SMSWell. These Terms of Service ("Terms") govern your access to and use of the SMSWell website located at smswell.com and all services offered through it. By accessing or using the website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the website or services.
1. Company Information
Company Name: SMSWell
Contact: the contact form at https://smswell.com/contact
2. Nature of Services
SMSWell is business texting software for health companies: two-way texting from the company's own numbers, campaigns and scheduled sends, a shared team inbox, consent records and automatic opt-out handling, and a signed Business Associate Agreement on every plan.
SMSWell sells monthly subscriptions to an SMS platform for health companies. Each plan has a monthly text allowance, a set number of sending numbers, and unlimited users and contacts. Texts beyond the allowance are billed at the published overage rate.
It sends and receives texts for the customer, from the customer's numbers, to the customer's own contacts. It does not process payments or connect to health record systems.
Paid plans renew automatically until canceled. Prices are shown before you subscribe, and you can cancel at any time; access continues through the end of the period you paid for.
3. Services Disclaimer
SMSWell is communication software, not medical advice, diagnosis or treatment. Texting is not for emergencies; customers remain responsible for directing people to 911 or their provider.
Drafted replies are suggestions. A person on the customer's team reviews and sends every reply, and the customer is responsible for what it sends.
4. Subscriptions, Billing and Cancellation
Plans are billed monthly in advance at the price shown when you order; Enterprise is priced by usage. There is no setup fee. Overage texts are billed in arrears.
You may cancel at any time. Service continues to the end of the paid month, then stops. We do not issue partial refunds.
5. Contact Consent and Acceptable Use
You are responsible for each contact’s consent to receive your texts, for honoring opt-outs, and for sending only messages your contacts agreed to receive. The software records consent and processes STOP replies, but does not replace your own obligations.
You may not send unsolicited marketing, message people who have opted out, or send unlawful or misleading content.
6. Business Associate Agreement
Every plan includes a Business Associate Agreement under HIPAA, signed during onboarding before any protected health information is sent.
7. Intellectual Property
All content on the SMSWell website, including text, graphics, logos, icons, images, and software, is the property of SMSWell or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from this website without prior written consent from SMSWell.
The SMSWell name and logo are trademarks of SMSWell. Nothing on this website grants any license or right to use any trademark without the prior written permission of SMSWell.
8. SMS Messaging
SMSWell operates an SMS messaging program for account notifications and marketing messages. By enrolling in this program, you acknowledge and agree to the following terms:
Program Description: By opting in, you consent to receive recurring automated text messages from SMSWell at the mobile number you provide, including account notifications such as billing notices, account security alerts, and service status updates, and promotional marketing messages. Consent to receive text messages is not a condition of creating an account or making a purchase.
Message Frequency: Message frequency varies.
Message and Data Rates: Message and data rates may apply.
Opting Out and Help: You may opt out of the SMS program at any time by texting the keyword STOP in reply to any message from us. After you send STOP, we will send a one-time message confirming that you have been unsubscribed, and no further messages will be sent. For assistance, text the keyword HELP in reply to any message from us, or contact us through the contact form at https://smswell.com/contact.
Supported Carriers: Supported carriers include AT&T, T-Mobile, Metro PCS, Verizon Wireless, US Cellular, Google Voice, Cellular One, Cellcom, Cellular South, Interop, and Clearsky. Carriers are not liable for delayed or undelivered messages.
Privacy: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
9. Disclaimer of Warranties
The SMSWell website and all services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. SMSWell does not warrant that the website will be uninterrupted, error-free, or free from viruses or other harmful components, and makes no warranties regarding the accuracy, reliability, or completeness of any content on the website.
To the fullest extent permitted by law, SMSWell disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by applicable law, SMSWell, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your use of the website or services, whether based on warranty, contract, tort, or any other legal theory.
In no event shall SMSWell's total liability to you for all claims arising out of or relating to the website or services exceed the total amount paid by you to SMSWell during the twelve (12) months preceding the claim.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state in which SMSWell is organized and applicable federal law of the United States, without regard to conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of the website or services shall be resolved in the state or federal courts of that state.
12. Changes to Terms
SMSWell reserves the right to modify or update these Terms at any time. Changes will be posted on this page, and your continued use of the website or services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us:
Contact form: https://smswell.com/contact