Terms of Service

Last Updated: October 18, 2025

Welcome to SMSForms.io, a service provided by RVA Online Ventures LLC ("SMSForms," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our SMS-based lead capture platform and related services (collectively, the "Service").

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PLEASE READ THESE TERMS CAREFULLY. By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

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1. DEFINITIONS

"Account" means the account you create to access and use the Service.

"Business" or "you" means the individual or business entity that registers for and uses the Service.

"Customer" or "End User" means your clients or customers who interact with your SMS forms by texting your dedicated phone number.

"Customer Data" means any data, content, or information that you or your Customers provide, generate, or transmit through the Service, including SMS messages, photos, videos, contact information, and lead details.

"Completed Quote" means a lead capture session where your Customer successfully answers all six questions and submits their information.

"Service" means the SMSForms.io platform, including the web application (app.smsforms.io), SMS conversation system, phone number provisioning, call forwarding, email notifications, and all related features and services.

"Subscription" means your paid monthly access to the Service under the pricing plan you selected.

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2. ACCEPTANCE OF TERMS

2.1 Agreement to Terms

By using the Service, you represent and warrant that:

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  • You are at least 18 years of age
  • You have the legal capacity to enter into binding contracts
  • If you are acting on behalf of a business entity, you have the authority to bind that entity to these Terms
  • You will comply with all applicable laws and regulations

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2.2 Entity Accounts

If you are registering on behalf of a business, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and references to "you" shall refer to that entity.

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2.3 Geographic Restrictions

The Service is only available to businesses located in the United States. By using the Service, you represent that you are located in one of these countries. We reserve the right to refuse service or terminate accounts that violate this geographic restriction.

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3. SERVICE DESCRIPTION

3.1 What We Provide

SMSForms.io provides an automated SMS-based lead capture system that allows service businesses to:

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  • Obtain a dedicated phone number for SMS-based customer intake
  • Collect standardized information from customers through a six-question SMS conversation flow
  • Receive photos and videos from customers via MMS
  • Forward incoming voice calls to your business phone with caller identification
  • Receive email notifications when customers complete quote submissions
  • Access a dashboard to view leads, usage statistics, and account settings

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3.2 Non-AI System

The Service uses a predetermined, logic-based conversation flow. It is NOT an AI chatbot or conversational AI system. All questions and responses follow a fixed, predictable sequence that you cannot customize.

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3.3 Question Flow

The Service asks your Customers exactly six standardized questions in a specific order:

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  1. Customer name (with legal disclosure)
  2. Email address
  3. Service details/what they need
  4. Service address
  5. Timeline/when they need service
  6. Photos/videos of the project

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This question flow is not customizable and cannot be modified.

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3.4 Service Limitations

You acknowledge and agree that:

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  • The Service depends on third-party telecommunications providers (Twilio) and may experience service interruptions
  • SMS delivery is not guaranteed and depends on carrier networks
  • The Service cannot be used for emergency communications or 911 calls
  • Phone numbers are provided on a license basis and remain our property
  • We may change, suspend, or discontinue any aspect of the Service at any time

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4. ACCOUNT REGISTRATION AND REQUIREMENTS

4.1 Account Creation

To use the Service, you must:

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  • Create an account with accurate and complete information
  • Provide a valid email address
  • Create a secure password meeting our requirements (minimum 8 characters with uppercase, lowercase, number, and special character)
  • Complete all required profile fields before receiving leads

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4.2 Required Profile Information

Before you can receive SMS leads or voice calls, you must complete all six required profile fields:

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  1. Business Display Name (maximum 55 characters) - appears in SMS messages to your Customers
  2. Service Description (maximum 30 characters) - brief description of your services (e.g., "roof repairs")
  3. Trigger Word - one of fifteen predefined keywords your Customers text to start a quote (e.g., ROOF, POOL, HVAC, ESTIMATE)
  4. Notification Email - where you receive completed quote alerts
  5. Forwarding Phone Number - where voice calls are forwarded
  6. Business Timezone - one of seven US timezones for accurate timestamps

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Profile Incomplete Blocking: If your profile is incomplete, the Service will not respond to incoming SMS messages or forward voice calls. You will receive an urgent email notification if a Customer attempts to contact you while your profile is incomplete.

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4.3 Account Security

You are responsible for:

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  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Using commercially reasonable efforts to prevent unauthorized access

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We will not be liable for any loss or damage arising from unauthorized use of your account, except where such unauthorized use is directly caused by our negligence or willful misconduct.

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4.4 Accurate Information

You agree to provide accurate, current, and complete information and to update your information as needed to keep it accurate and current. We reserve the right to suspend or terminate accounts with false, inaccurate, or incomplete information.

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5. SUBSCRIPTION AND PRICING

5.1 Subscription Plans

The Service is offered on a monthly subscription basis at $149.99 per month ("Base Subscription Fee"), which includes:

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  • 100 Completed Quotes per billing period
  • 500 voice call minutes per billing period
  • One dedicated phone number with SMS and voice capabilities
  • Unlimited dashboard access
  • Email notifications for completed quotes
  • All standard features described in Section 3

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5.2 Billing Period

Your billing period begins on the date you subscribe and renews automatically every 31 days thereafter ("Billing Period"). Billing is based on 31-day periods, not calendar months.

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Example: If you subscribe on March 15, your first Billing Period runs March 15 - April 14, your next period runs April 15 - May 14, etc.

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5.3 Usage Overages

If you exceed the included usage limits during any Billing Period, you will be charged overage fees:

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  • $0.50 per additional Completed Quote above 100
  • $0.05 per additional voice call minute above 500 minutes

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Important: Only Completed Quotes count toward your usage limits and overage charges. Incomplete quote sessions (where the Customer does not finish all six questions and submit) are FREE and do not count toward your quota.

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5.4 Payment Terms

  • Payment Method: You must provide a valid credit card to subscribe to the Service
  • Automatic Billing: You authorize us to charge your payment method automatically on each Billing Period renewal
  • Payment Due: The Base Subscription Fee is charged at the start of each Billing Period. Overage charges are calculated and charged at the end of each Billing Period
  • Failed Payments: If a payment fails, we may retry the charge and/or suspend your Service until payment is received
  • Account Suspension: Accounts with failed payments may be suspended after 5 days

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5.5 Taxes and Fees

All fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including sales tax, use tax, value-added tax, and communications surcharges ("Taxes"). You are responsible for paying all Taxes associated with your use of the Service. Taxes will be itemized separately on your invoice.

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If you are tax-exempt, you must provide valid exemption documentation to support@smsforms.io.

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5.6 Price Changes

We reserve the right to change our pricing at any time. If we increase the Base Subscription Fee or overage rates, we will provide you with at least 30 days' advance notice via email. Price changes for legal, regulatory, or carrier-imposed fees may be implemented immediately. The updated pricing will take effect on your next Billing Period renewal date.

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If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect.

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5.7 Prorated Refunds

Except as expressly provided in Section and Section 9.3 (Termination and Refunds), subscription fees are refunded on a prorated basis, but overage fees are not. If you cancel mid-period, you will lose access to your account and we will refund you a prorated amount of your current period charges based on the percentage of completed leads. If you have 50/100 completed leads when you cancel, we will refund you 50% of your current period subscription paid amount.

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6. ACCEPTABLE USE POLICY

6.1 Permitted Use

You may use the Service solely for legitimate business purposes to collect lead information from your own customers for services you actually provide.

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6.2 Prohibited Activities

You agree NOT to use the Service to:

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Illegal Activities:

  • Violate any local, state, federal, or international law or regulation
  • Engage in fraudulent, deceptive, or misleading practices
  • Facilitate or promote illegal activities

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Spam and Harassment:

  • Send unsolicited messages, spam, or bulk messages
  • Contact individuals who have not expressly consented to receive messages from you
  • Continue contacting individuals who have opted out or requested no further contact
  • Harass, threaten, or abuse any person

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TCPA and Communications Law Violations:

  • Contact phone numbers on Do Not Call lists without proper exemption
  • Send messages without obtaining prior express written consent where required by law
  • Fail to provide clear opt-out mechanisms
  • Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws
  • Send marketing or promotional messages without proper consent and identification

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Data and Privacy Violations:

  • Collect, use, or disclose personal information without lawful basis and proper consent
  • Share Customer Data with third parties without authorization
  • Violate any individual's privacy rights or applicable data protection laws

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System Abuse:

  • Attempt to gain unauthorized access to the Service or related systems
  • Use the Service to transmit viruses, malware, or harmful code
  • Reverse engineer, decompile, or attempt to derive source code from the Service
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use automated systems or scripts to access or use the Service beyond normal use

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Misrepresentation:

  • Impersonate any person or entity
  • Falsely represent your affiliation with any person or entity
  • Misrepresent the source or purpose of messages sent through the Service

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Harmful Content:

  • Transmit content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary right
  • Use the Service to send content related to illegal goods or services

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6.3 Compliance Responsibility

You are solely responsible for:

  • Obtaining all necessary consents and permissions from your Customers before collecting their information
  • Complying with all applicable telecommunications laws and regulations
  • Complying with all applicable privacy and data protection laws
  • Ensuring your use of the Service complies with TCPA, CAN-SPAM, state telemarketing laws, and other communications regulations
  • Maintaining your own privacy policy and providing proper disclosures to your Customers
  • Honoring opt-out requests from your Customers

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We do not provide legal advice. It is your responsibility to understand and comply with all laws applicable to your use of the Service. Use of the Service does not guarantee compliance with any laws or regulations.

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6.4 Spam Protection and Auto-Blocking

To protect the Service and prevent abuse, we automatically monitor for spam and abusive behavior:

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  • Phone numbers that send 5 or more "unrecognizable" messages within 24 hours will be automatically blocked
  • "Unrecognizable messages" include messages sent outside of an active conversation, repeated identical messages, or messages that do not match expected response formats
  • Blocked numbers cannot initiate new conversations and will not receive responses
  • You can view and manage blocked numbers in your dashboard

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6.5 Consequences of Violations

If we determine, in our sole discretion, that you have violated this Acceptable Use Policy or any other provision of these Terms, we may:

  • Issue a warning
  • Suspend your access to the Service
  • Terminate your account immediately without refund
  • Report violations to law enforcement or regulatory authorities
  • Take legal action to enforce these Terms or recover damages

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7. CUSTOMER DATA AND PRIVACY

7.1 Ownership of Customer Data

As between you and SMSForms, you own all Customer Data. We claim no ownership rights in Customer Data.

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7.2 License to Use Customer Data

You grant us a limited, non-exclusive license to access, use, process, store, and transmit Customer Data solely as necessary to:

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  • Provide the Service to you
  • Maintain and improve the Service
  • Comply with applicable laws and legal obligations
  • Enforce these Terms

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This license terminates when you delete your account or when Customer Data is deleted from our systems.

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7.3 Anonymized and Aggregated Data

We may create anonymized and aggregated data derived from Customer Data (data that does not identify you, your business, or any individual). We own all rights to such anonymized and aggregated data and may use it for any business purpose, including analytics, product improvement, and marketing, without restriction.

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7.4 Your Responsibilities for Customer Data

You represent and warrant that:

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  • You have all necessary rights, permissions, and consents to provide Customer Data to us
  • Your collection and use of Customer Data complies with all applicable laws, including privacy and data protection laws
  • Customer Data does not violate any third-party rights, including intellectual property, privacy, or publicity rights
  • You have provided appropriate privacy notices to your Customers
  • You have obtained all required consents from your Customers for us to process their data on your behalf

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7.5 Data Retention and Deletion

During Active Subscription:

  • We retain Customer Data for the duration of your active subscription
  • You can access and download your Customer Data at any time through the dashboard

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After Cancellation:

  • If you cancel your subscription, we will retain your Customer Data for 30 days in case you wish to reactivate
  • After 30 days, we will permanently delete all Customer Data associated with your account
  • We may retain certain information as required by law or for legitimate business purposes

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Data Deletion Requests:

  • You may request immediate deletion of your Customer Data by emailing support@smsforms.io
  • We will process deletion requests within 30 days

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7.6 Data Security

We implement commercially reasonable technical and organizational measures to protect Customer Data from unauthorized access, use, alteration, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security.

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You acknowledge that you are responsible for maintaining secure backups of Customer Data. We do not provide backup or data recovery services.

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7.7 Privacy Policy

Our collection and use of personal information is 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.

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7.8 Third-Party Service Providers

We use third-party service providers to help us provide the Service, including:

  • SMS and voice infrastructure services
  • Database and authentication services
  • Payment processing services
  • Email delivery services
  • Rate limiting and caching

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These providers may access Customer Data only to perform services on our behalf and are obligated to protect your data in accordance with our agreements with them.

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8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Ownership

SMSForms and its licensors exclusively own all right, title, and interest in and to the Service, including:

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  • The SMSForms.io website and application
  • All software, code, algorithms, and technology
  • All visual interfaces, graphics, design, and compilation
  • All trademarks, service marks, trade names, and logos
  • All documentation, processes, and methods
  • All improvements, modifications, and derivative works

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Nothing in these Terms transfers any ownership rights to you. All rights not expressly granted are reserved.

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8.2 Limited License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription period solely for your internal business purposes.

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This license does not permit you to:

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  • Sublicense, resell, or distribute the Service to third parties
  • Modify, adapt, translate, or create derivative works of the Service
  • Reverse engineer, decompile, or disassemble any portion of the Service
  • Use the Service to build a competitive product or service
  • Remove or modify any proprietary notices from the Service
  • Use the Service in any way not expressly authorized by these Terms

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8.3 Phone Numbers

Phone numbers provided through the Service remain our property and are licensed to you for use only while your subscription is active. You do not own the phone number and may not port it to another service provider without our prior written consent. We reserve the right to change or reassign your phone number at any time if required by regulatory authorities or telecommunications providers, though we will make reasonable efforts to provide advance notice.

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8.4 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, distribute, and commercialize such Feedback without compensation or attribution to you.

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8.5 Trademark Usage

You grant us permission to use your business name and logo in our marketing materials, customer lists, and on our website to identify you as a customer. We will comply with any trademark usage guidelines you provide to us. You may opt out of this permission by emailing support@smsforms.io.

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9. TERM, TERMINATION, AND SUSPENSION

9.1 Term

These Terms commence on the date you accept them and continue until terminated by either party in accordance with this Section 9.

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Your subscription to the Service continues on a month-to-month basis (30-day Billing Periods) until you cancel or we terminate your account.

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9.2 Cancellation by You

You may cancel your subscription at any time by:

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  • Accessing your account settings and clicking "Delete Account"
  • Following the deletion process as prompted
  • Emailing support@smsforms.io with your cancellation request

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Effect of Cancellation:

  • Your subscription will remain active until the end of your current Billing Period
  • You will not be charged for subsequent Billing Periods
  • No prorated refunds for partial periods (except as provided in Section 5.8)
  • Your account and Customer Data will be retained for 30 days, then permanently deleted
  • You may reactivate your account within 30 days by logging in

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9.3 Termination by Us

We may terminate your account and access to the Service:

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For Cause (Immediate Termination):

  • If you materially breach these Terms and fail to cure within 15 days of written notice
  • If you violate the Acceptable Use Policy
  • If you fail to pay fees when due and do not cure within 15 days of notice
  • If you engage in fraudulent, illegal, or abusive conduct
  • If required by law or regulatory authority

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For Convenience:

  • We may terminate the Service or your account for any reason with 30 days' advance written notice

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Effect of Termination for Cause:

  • Immediate loss of access to the Service
  • Prorated refund as noted above
  • We may delete your Customer Data immediately

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Effect of Termination for Convenience:

  • 30 days' notice before termination
  • Prorated refund as noted above

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9.4 Suspension of Service

We may suspend your access to the Service without terminating your account if:

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  • Your payment fails and remains unpaid for 5 days
  • We reasonably believe you are in breach of these Terms while we investigate
  • We receive legal process requiring suspension
  • Necessary to prevent harm to us, the Service, or third parties
  • Required by law or telecommunications providers

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We will make reasonable efforts to notify you before suspension and to restore access once the issue is resolved. You remain responsible for fees during any suspension period.

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9.5 Effect of Termination

Upon termination of your account:

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  • Your right to access and use the Service immediately ceases
  • We may delete your Customer Data in accordance with Section 7.5
  • You must immediately cease using any phone numbers provided through the Service
  • Outstanding fees become immediately due and payable
  • Sections that by their nature should survive termination will continue to apply (including Sections 7, 8, 10, 11, 12, 13, and 14)

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10. REPRESENTATIONS AND WARRANTIES

10.1 Your Representations

You represent and warrant that:

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  • You have full power and authority to enter into these Terms
  • Your use of the Service does not violate any agreement with a third party
  • All information you provide is accurate, complete, and current
  • You will comply with all applicable laws and regulations
  • You have obtained all necessary rights, permissions, and consents regarding Customer Data
  • Your use of the Service does not infringe or misappropriate any third-party intellectual property rights

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10.2 Our Limited Warranty

We warrant that the Service will perform materially in accordance with our documentation and these Terms. If the Service fails to perform as warranted, your sole remedy is for us to use commercially reasonable efforts to correct the issue or, if we cannot correct it, to provide you with a prorated refund of prepaid fees for the period during which the Service did not perform as warranted.

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10.3 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.2, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

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  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • IMPLIED WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

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WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICE WILL BE CORRECTED

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WE DISCLAIM ALL LIABILITY FOR:

  • TELECOMMUNICATIONS PROVIDER NETWORKS AND SERVICES
  • SMS MESSAGE DELIVERY OR TIMING
  • THIRD-PARTY SERVICE PROVIDERS
  • INTERNET CONNECTIVITY AND AVAILABILITY
  • LOSS OF CUSTOMER DATA DURING TRANSMISSION
  • ANY CUSTOMER DATA, THIRD-PARTY CONTENT, OR SERVICES

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YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS NETWORKS ARE INHERENTLY INSECURE AND THAT WE HAVE NO LIABILITY FOR INTERCEPTION, LOSS, OR ALTERATION OF DATA IN TRANSIT.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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11. LIMITATION OF LIABILITY

11.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMSFORMS, RVA ONLINE VENTURES LLC, OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • LOSS OF DATA OR CUSTOMER INFORMATION
  • LOSS OF GOODWILL OR REPUTATION
  • COST OF SUBSTITUTE SERVICES
  • BUSINESS INTERRUPTION

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EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

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11.2 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE LESSER OF:

  • ONE HUNDRED DOLLARS ($100.00 USD), OR
  • THE AMOUNT YOU ACTUALLY PAID US IN SUBSCRIPTION FEES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY

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THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

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11.3 Exceptions to Limitations

The limitations in this Section 11 do not apply to:

  • Our indemnification obligations under Section 12.2
  • Liability for death or personal injury caused by our gross negligence or willful misconduct
  • Liability that cannot be excluded or limited by applicable law

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11.4 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN SECTIONS 10 AND 11 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE AT THE CURRENT PRICING WITHOUT THESE LIMITATIONS.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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12. INDEMNIFICATION

12.1 Your Indemnification Obligations

You agree to indemnify, defend (at our option), and hold harmless SMSForms, RVA Online Ventures LLC, and our affiliates, officers, directors, employees, agents, suppliers, and licensors (collectively, the "SMSForms Parties") from and against any and all third-party claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to:

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  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations, including TCPA, CAN-SPAM, or privacy laws
  • Customer Data or your collection, use, or disclosure of Customer Data
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
  • Any claims brought by your Customers or End Users
  • Your failure to obtain necessary consents or permissions
  • Any negligent or wrongful acts or omissions by you or your employees, agents, or contractors

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12.2 Our Indemnification Obligations

We agree to indemnify, defend, and hold you harmless from and against any third-party claims that our Service, when used in accordance with these Terms, infringes or misappropriates that third party's intellectual property rights.

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Conditions:

  • You must promptly notify us in writing of the claim
  • You must give us sole control of the defense and settlement
  • You must provide reasonable assistance in the defense at our expense

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Exclusions: We have no indemnification obligation for claims arising from:

  • Your modification of the Service
  • Your use of the Service in violation of these Terms
  • Your combination of the Service with other products or services
  • Your use of the Service after we notify you to stop due to infringement

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Remedies: If we believe the Service may infringe third-party rights, we may, at our option:

  • Obtain the right for you to continue using the Service
  • Modify the Service to make it non-infringing
  • Replace the Service with a non-infringing alternative
  • Terminate your subscription and refund any prepaid, unused fees

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This Section 12.2 states our entire liability and your exclusive remedy for intellectual property infringement claims.

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12.3 Indemnification Procedure

The indemnified party must:

  • Promptly notify the indemnifying party in writing of any claim (failure to notify will not relieve obligations except to the extent materially prejudiced)
  • Cooperate with the indemnifying party in the defense at the indemnifying party's expense
  • Allow the indemnifying party sole control of the defense and settlement

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The indemnifying party may not settle any claim in a way that admits fault on behalf of the indemnified party or creates obligations for the indemnified party without the indemnified party's prior written consent.

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13. DISPUTE RESOLUTION AND ARBITRATION

13.1 Informal Resolution

If a dispute arises between us, we both agree to first attempt to resolve it informally. You agree to contact us at support@smsforms.io to describe your dispute and attempt to resolve it. We will contact you to attempt resolution. If we cannot resolve the dispute within 30 days, either party may proceed to arbitration.

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13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except as provided in Section 13.6, you and SMSForms agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court.

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Arbitration Rules:

  • Arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures
  • The arbitration will be conducted by a single neutral arbitrator
  • The arbitrator's decision will be final and binding
  • Judgment on the arbitration award may be entered in any court with jurisdiction

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Arbitration Location:

  • If you are located in the United States, arbitration will be conducted in Richmond, Virginia

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Costs:

  • Each party will be responsible for its own costs and attorneys' fees
  • The parties will share equally the costs of the arbitrator and JAMS administrative fees
  • The arbitrator may award costs and fees to the prevailing party if permitted by law

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Arbitration Process:

  • Either party may initiate arbitration by filing a demand with JAMS
  • The arbitrator will have exclusive authority to resolve all disputes, including disputes about the arbitrability of claims
  • The arbitration will be confidential, and neither party may disclose the existence, content, or results except as required by law or to enforce the arbitration award

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13.3 CLASS ACTION WAIVER

YOU AND SMSFORMS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

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Unless both you and SMSForms agree otherwise in writing:

  • The arbitrator may not consolidate more than one person's claims
  • The arbitrator may not preside over any form of class, consolidated, or representative proceeding
  • The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that individual party's claim

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If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

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13.4 Jury Trial Waiver

YOU AND SMSFORMS WAIVE ANY RIGHT TO A JURY TRIAL FOR ALL DISPUTES.

If for any reason a Dispute proceeds in court rather than arbitration, you and SMSForms each waive any right to a jury trial. This means a judge, not a jury, will decide the case.

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13.5 Opt-Out Right

You have the right to opt out of binding arbitration and the class action waiver.

To opt out, you must send written notice to us within 30 days of first accepting these Terms. The notice must:

  • Be sent to: RVA Online Ventures LLC, Attn: Legal, 2920 W. Broad St, Suite 92, Richmond, VA 23230
  • Include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement
  • Be personally signed by you (not by an agent or attorney)

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If you opt out, all other terms of these Terms will continue to apply, but Disputes will be resolved in court as provided in Section 13.7.

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13.6 Exceptions to Arbitration

The following Disputes are not subject to arbitration and may be brought in court:

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  • Claims for injunctive or equitable relief to protect intellectual property rights
  • Claims related to theft, piracy, or unauthorized use of intellectual property
  • Small claims court actions (if they meet the requirements for small claims court)
  • Claims for provisional remedies to preserve the status quo pending arbitration

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13.7 Governing Law and Venue

These Terms and any Disputes (if not subject to arbitration) will be governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws principles.

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If a Dispute is not subject to arbitration or if the arbitration agreement is found to be unenforceable, you agree that any lawsuit must be filed in the state or federal courts located in Richmond, Virginia, and you consent to the exclusive jurisdiction and venue of those courts.

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13.8 Time Limit for Claims

You agree that any claim or cause of action arising from or related to the Service or these Terms must be filed within one (1) year after the claim or cause of action arose. After one year, the claim is permanently barred.

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14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SMSForms regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

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14.2 Amendments to Terms

We may modify these Terms at any time by posting the revised Terms on our website and updating the "Last Updated" date.

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Notice of Material Changes:

  • For material changes that significantly affect your rights or obligations, we will provide at least 30 days' advance notice via email to your account email address
  • For changes required by law, regulation, or court order, we may implement changes immediately

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Your Acceptance:

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

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Immediate Changes:

  • Changes required by law, regulation, or telecommunications carriers may be implemented immediately without 30 days' notice
  • Changes that benefit you or do not materially affect your rights may be implemented immediately

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14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless made in writing and signed by an authorized representative of SMSForms.

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14.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent.

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14.5 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. Any attempted assignment without consent is void.

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We may assign these Terms or any rights or obligations without your consent:

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  • To an affiliate or subsidiary
  • In connection with a merger, acquisition, reorganization, or sale of substantially all of our assets
  • To any successor in interest

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14.6 Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, epidemics, pandemics, government actions, utility failures, telecommunications failures, or internet outages (each, a "Force Majeure Event").

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The affected party must notify the other party promptly and use reasonable efforts to minimize the impact of the Force Majeure Event.

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14.7 Relationship of Parties

You and SMSForms are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship. Neither party has the authority to bind the other or incur obligations on the other's behalf.

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14.8 Third-Party Beneficiaries

These Terms are for the benefit of you and SMSForms only. No third party has any right to enforce or benefit from these Terms.

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14.9 Notices

Notices to You:We may provide notices to you by:

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  • Email to the address associated with your account
  • Posting on the SMSForms.io website or in your account dashboard
  • Any other method permitted by law

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Notices provided by email are deemed received when sent. Notices provided by posting are deemed received 24 hours after posting.

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Notices to Us: You may provide notices to us by:

  • Email to: support@smsforms.io
  • Mail to: RVA Online Ventures LLC, Attn: Legal, 2920 W. Broad St, Suite 92, Richmond, VA 23230

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Legal notices must be sent via certified mail or email and are deemed received when we acknowledge receipt or three (3) business days after mailing, whichever occurs first.

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14.10 Export Controls

You may not use or export the Service in violation of U.S. export laws and regulations or any other applicable export laws. You represent and warrant that:

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  • You are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country
  • You are not listed on any U.S. government list of prohibited or restricted parties

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14.11 Government Users

If you are a U.S. government entity or using the Service on behalf of the U.S. government, the Service constitutes "commercial computer software" and "commercial computer software documentation" as defined in FAR 2.101 and DFARS 227.7202. Use by the government is subject to these Terms.

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14.12 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version controls.

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14.13 Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails, in-app notifications, and dashboard messages. These electronic communications may include notices about your account, promotional materials, and other information. You agree that all electronic communications satisfy any legal requirement that communications be in writing.

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You may opt out of promotional emails by following the unsubscribe link in those emails. You cannot opt out of transactional or account-related communications while you maintain an active account.

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14.14 Contact Information

If you have questions about these Terms or the Service, please contact us:

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RVA Online Ventures LLC (d/b/a SMSForms.io)

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15. AFFILIATE PROGRAM

15.1 Affiliate Program Overview

SMSForms may offer an affiliate program ("Affiliate Program") that allows approved participants ("Affiliates") to earn commissions by referring new customers to the Service. Participation in the Affiliate Program is subject to these Terms and the additional terms set forth in this Section 15.

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15.2 Affiliate Eligibility and Approval

To participate in the Affiliate Program, you must:

  • Apply through our designated affiliate application process
  • Be approved by SMSForms in our sole discretion
  • Maintain an active account in good standing (if you are also a Service customer)
  • Comply with all applicable laws and regulations
  • Not engage in any prohibited activities listed in Section 15.5

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We reserve the right to accept or reject any affiliate application for any reason or no reason. Approval may be revoked at any time.

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15.3 Affiliate Commissions

Commission Structure: Affiliates may earn commissions based on the terms communicated at the time of enrollment in the Affiliate Program. Commission rates, payment terms, and qualifying criteria will be specified in your affiliate dashboard or in communications from SMSForms.

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Commission Payments:

  • Commissions are calculated based on completed, paid subscriptions from referred customers who did notrequest refund
  • Commissions are paid according to the payment schedule specified in the Affiliate Program (typically monthly)
  • Minimum payout thresholds may apply
  • Payments are made via the payment method you designate in your affiliate account
  • We reserve the right to withhold payment for suspected fraudulent referrals pending investigation

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Non-Qualifying Referrals: Commissions will not be paid for:

  • Self-referrals (referring yourself or your own business)
  • Referrals who do not complete payment
  • Fraudulent, incentivized, or otherwise invalid referrals
  • Referrals that violate the Affiliate Program terms
  • Referrals who requested full refunds. Commissions are based on how much paid by the user, minus refunds

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15.4 Changes to Commission Structure

We reserve the right to modify the Affiliate Program commission structure, payment terms, or other terms at any time.

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Changes may include, but are not limited to:

  • Commission rates and percentages
  • Payment schedules and minimums
  • Qualifying criteria
  • Cookie duration and attribution windows
  • Any other aspect of the Affiliate Program

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Notice of Changes:

  • For material changes to the commission structure, we will provide at least 30 days' advance notice to active Affiliates via email
  • Changes will apply to new referrals made after the effective date of the change
  • Existing recurring commissions for referrals made before the change may be affected by the new terms

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If you do not agree to the changes, you may terminate your participation in the Affiliate Program by providing written notice. Termination does not affect your obligation to comply with these Terms for referrals made prior to termination.

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15.5 Affiliate Prohibited Activities

As an Affiliate, you agree NOT to:

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Fraudulent or Deceptive Practices:

  • Make false, misleading, or deceptive claims about the Service
  • Use fake testimonials, reviews, or endorsements
  • Engage in click fraud, impression fraud, or other fraudulent activity
  • Create fake accounts or use multiple identities to generate referrals
  • Incentivize sign-ups with cash, gift cards, or other payments (unless expressly permitted)
  • Guarantee results, earnings, or outcomes from using the Service
  • Misrepresent your relationship with SMSForms

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Trademark and Brand Misuse:

  • Bid on SMSForms trademarked terms in paid search campaigns (Google Ads, Bing Ads, etc.) without written permission
  • Use SMSForms trademarks or logos in domain names or social media handles in a way that implies official affiliation
  • Modify SMSForms marketing materials without permission
  • Create confusion about whether you are an official representative of SMSForms

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Spam and Unsolicited Communications:

  • Send unsolicited emails (spam) promoting the Service
  • Use purchased email lists or contact information without consent
  • Violate CAN-SPAM Act, or other anti-spam regulations
  • Engage in aggressive or harassing promotion tactics

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Illegal or Unethical Promotion:

  • Promote the Service on websites containing illegal, pornographic, discriminatory, or otherwise objectionable content
  • Violate any applicable laws or regulations in your promotional activities
  • Use cookie stuffing, forced clicks, or other manipulative techniques
  • Engage in any activity that damages SMSForms' reputation or goodwill

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15.6 Affiliate Marketing Materials

Permitted Use: We may provide you with marketing materials, logos, banners, and other promotional content. You may use these materials solely to promote the Service in accordance with these Terms and any usage guidelines we provide.

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Restrictions:

  • You may not modify our materials without written permission
  • You must comply with our brand and trademark usage guidelines
  • You may not use materials in a way that implies endorsement we have not given
  • You must include all required disclosures (e.g., FTC affiliate disclosure)

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Your Original Content: You may create your own promotional content (blog posts, videos, social media posts, etc.) provided that:

  • Content is truthful, accurate, and not misleading
  • Content complies with all applicable advertising and disclosure laws
  • Content does not infringe any third-party rights
  • Content does not damage SMSForms' reputation

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15.7 FTC Compliance and Disclosures

You must comply with all applicable advertising and disclosure laws, including the FTC's Guides Concerning the Use of Endorsements and Testimonials.

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Required Disclosures: You must clearly and conspicuously disclose your affiliate relationship with SMSForms whenever you promote the Service. Acceptable disclosures include:

  • "I may earn a commission if you sign up through my link"
  • "Affiliate link - I receive compensation for referrals"
  • "Disclosure: This is an affiliate link"

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The disclosure must be placed where it is easily noticed before the user clicks your affiliate link.

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15.8 Tracking and Attribution

Affiliate Links: You will be provided with unique affiliate tracking links or codes. All referrals must be made through your unique links to receive commission credit.

Cookie Duration: Affiliate cookies are valid for the period specified in your Affiliate Program dashboard (typically 30-90 days). If a referred customer signs up within the cookie window, you receive commission credit.

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Attribution Rules:

  • Last-click attribution generally applies (the most recent affiliate link clicked receives credit)
  • We reserve the right to modify attribution rules
  • In cases of disputes, our tracking system is the final authority

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15.9 Affiliate Termination

Termination by You: You may terminate your participation in the Affiliate Program at any time by providing written notice to support@smsforms.io.

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Termination by Us: We may terminate your participation in the Affiliate Program immediately and without notice if:

  • You violate these Terms or the Affiliate Program terms
  • You engage in fraudulent or deceptive practices
  • You damage SMSForms' reputation or brand
  • We discontinue the Affiliate Program entirely
  • For any reason or no reason, with or without cause

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Effect of Termination:

  • You must immediately cease all promotional activities and remove all affiliate links
  • You forfeit any unpaid commissions below the minimum payout threshold
  • You may remain entitled to commissions for qualifying referrals made before termination (subject to our policies)
  • You must discontinue use of all SMSForms marketing materials and trademarks

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15.10 Ownership Changes and Program Modifications

In the event of a change in ownership, merger, acquisition, or sale of substantially all of SMSForms' assets:

  • The Affiliate Program terms, including commission rates and structure, may be modified or terminated
  • Any new owner or successor entity may change or discontinue the Affiliate Program at their discretion
  • We will provide reasonable notice of such changes where practical
  • Unpaid commissions earned before the ownership change will be honored subject to the terms in effect at that time

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You acknowledge and agree that the Affiliate Program is not guaranteed to continue in perpetuity and may be modified or terminated due to ownership changes, business decisions, or other factors beyond our control.

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15.11 Affiliate Representations and Warranties

By participating in the Affiliate Program, you represent and warrant that:

  • All information you provide is accurate and complete
  • You have the legal right and authority to promote the Service
  • Your promotional activities comply with all applicable laws
  • You will not make any representations or warranties on our behalf beyond those in our official materials
  • You have obtained all necessary permissions and consents for your promotional activities

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15.12 Affiliate Indemnification

In addition to the indemnification obligations in Section 12.1, you agree to indemnify and hold harmless the SMSForms Parties from any claims, damages, or liabilities arising from:

  • Your participation in the Affiliate Program
  • Your promotional activities and marketing materials
  • Your violation of the Affiliate Program terms
  • Your violation of any advertising, disclosure, or consumer protection laws
  • Any false, misleading, or deceptive statements you make about the Service

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15.13 No Employment or Agency Relationship

Participation in the Affiliate Program does not create an employment, partnership, joint venture, or agency relationship between you and SMSForms. You are an independent contractor. You have no authority to bind SMSForms or make representations on our behalf beyond promoting the Service as permitted.

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15.14 Taxes

You are solely responsible for all taxes related to commissions you receive through the Affiliate Program. We may issue tax forms (such as Form 1099) if required by law. You agree to provide accurate tax information as requested.

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15.15 Affiliate Program Modifications

We reserve the right to modify, suspend, or discontinue the Affiliate Program at any time, with or without notice. This includes the right to:

  • Change commission rates and structure
  • Modify payment terms and schedules
  • Add or remove qualifying criteria
  • Terminate the program entirely

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If we make material adverse changes to the Affiliate Program, we will provide reasonable advance notice to active Affiliates.

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15.16 Contact for Affiliate Program

Questions about the Affiliate Program should be directed to support@smsforms.io with "Affiliate Program" in the subject line.

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16. SPECIAL PROVISIONS

16.1 TCPA and Telecommunications Compliance

You acknowledge and agree that:

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  • The Service facilitates SMS and voice communications between you and your Customers
  • You are the "sender" of all messages and the "caller" for all calls under applicable telecommunications laws
  • You are solely responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all other applicable communications laws
  • You must obtain all required consents from your Customers before initiating contact
  • You must honor all opt-out requests from your Customers
  • We provide the technology platform only and do not act as your agent for telecommunications law purposes

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16.2 Emergency Services Limitation

THE SERVICE CANNOT BE USED TO ACCESS EMERGENCY SERVICES (911).

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The phone number provided through the Service is for SMS messaging and customer intake purposes only. It cannot and must not be used to dial emergency services or receive emergency calls.

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You must ensure you have alternative means to contact emergency services. We have no liability for any inability to access emergency services through the Service.

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16.3 Phone Number Availability and Changes

Phone numbers are subject to availability and may not be available in all area codes. We make no guarantee that any specific phone number or area code will be available.

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We reserve the right to change your phone number if:

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  • Required by telecommunications providers or regulators
  • The number becomes unavailable or compromised
  • Necessary to maintain service quality or prevent fraud

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We will provide reasonable advance notice (typically 30 days) before changing your phone number, except where immediate action is required for legal, regulatory, or security reasons.

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16.4 Service Limitations and Dependencies

The Service depends on third-party providers, including:

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  • Twilio (SMS and voice delivery)
  • Telecommunications carriers
  • Internet service providers

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We are not responsible for:

  • Outages, delays, or failures caused by third-party providers
  • SMS messages that are delayed, undelivered, or blocked by carriers
  • Voice calls that are not completed or have poor quality
  • Internet connectivity issues
  • Any actions or omissions of third-party providers

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16.5 Beta Features

We may offer certain features on a beta or trial basis ("Beta Features"). Beta Features are provided "as is" with no warranties. We may discontinue Beta Features at any time without notice. Your use of Beta Features is at your own risk.

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BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

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Last Updated: October 18. 2025

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QUICK REFERENCE SUMMARY

Not a substitute for reading the full Terms

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  • Service: SMS-based lead capture system for service businesses
  • Pricing: $149.99/month for 100 quotes + 500 minutes; overages: $0.50/quote, $0.05/minutes
  • Your Responsibilities: Get customer consent, comply with TCPA/CAN-SPAM, complete your profile
  • Our Responsibilities: Provide the Service, protect your data, support you
  • Data: You own Customer Data; we can use anonymized/aggregated data
  • Termination: Cancel anytime; access continues until end of billing period; prorated refunds on subscription amount based on how many completed leads out of 100. No refunds on overage charges.
  • Disputes: Binding arbitration in Virginia; no class actions; 1-year limit to file claims
  • Liability: Capped at $100 or fees paid in last 3 months; no liability for indirect damages
  • Geographic: US only

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Questions? Email support@smsforms.io