Terms of Service

Last updated: October 5, 2026

The short version

• You own what you send. We get only the rights needed to deliver it.
• You must have consent for every message, honor every opt-out, and follow the Messaging Policy. Most of what can go wrong with SMS is covered there, and breaking it can get traffic blocked immediately.
• You pay for traffic sent with your keys, including traffic from a leaked key, plus any carrier fines your messages cause.
• Delivery depends on carriers we do not control, so we cannot guarantee it.
• Disputes go to individual arbitration in Wyoming, not class actions.

This summary is for convenience; the full text below is what governs.

These Terms of Service ("Terms") govern access to and use of the SimpleSMS platform, APIs, SDKs, CLI, MCP server, console, and websites (the "Service"), operated by Truelabel Inc, a Wyoming corporation doing business as "SimpleSMS" ("SimpleSMS", "we", "us"). The Service was called "Delivered" until October 2026; the name and web address changed, the company, the Service, and these Terms did not, and anything that refers to Delivered refers to SimpleSMS. By creating an account or using the Service you agree to these Terms on behalf of yourself and any organization you represent ("you", "Customer").

These Terms incorporate the Messaging Policy (our acceptable use policy), the Data Processing Addendum, and the Privacy Policy. If they conflict, the order of precedence is: a signed order form or agreement with us, then the DPA (for personal data), then these Terms, then the Messaging Policy.

1. The Service

SimpleSMS provides programmable SMS and MMS messaging, phone verification, phone number provisioning, a shared inbox, and phone intelligence via API. Test ("sandbox") keys simulate the Service without carrier traffic; live keys transmit real messages over telecommunications networks. Features marked beta, preview, or early access ("Beta Features") are provided as is, may change or be withdrawn at any time, and are excluded from any commitment and from our indemnity in these Terms.

2. Accounts and Security

2.1 Eligibility. You must be at least 18 years old and use the Service for business purposes. The Service is not offered to consumers for personal, family, or household use.

2.2 Accurate information. You will give us accurate, current business information, including the information we and the carriers require to register your brand, campaigns, and numbers (Know Your Customer, A2P 10DLC, and toll-free verification), and keep it current.

2.3 Credentials. You are responsible for all activity under your account and API keys, and for keeping them secret. You are responsible for charges incurred through your credentials, including by someone who obtained them without your permission, unless the compromise was caused by our breach of these Terms. Notify us at support@deliveredsms.com as soon as you suspect a compromise, and rotate the affected keys in the console. You can restrict keys to the scopes they need and set a monthly spend limit with alerts. A spend limit stops new outbound messages once their estimated charges, at our published rates, would exceed it; it covers outbound messages only, and charges for other usage still apply. Usage limits, spend limits, and alerts help, but they are not a guarantee against fraud.

2.4 Your customers. If you use the Service to send messages on behalf of other businesses (as a software platform, agency, or reseller), you must follow Messaging Policy §7, bind each of them to terms at least as protective as the Messaging Policy, and you remain responsible for their traffic as if it were your own. Labeling traffic with a customer in the API (customers, and the customer_id on numbers, messages, and verifications) is a bookkeeping tool for you; it does not register the end business, make it our customer, or move responsibility for its traffic.

3. Messaging Rules

3.1 Messaging Policy. Your use of the Service must comply with the Messaging Policy, which covers consent, opt-outs, quiet hours, sender identification, prohibited and restricted content, and the rules for sending on behalf of others. It is part of these Terms.

3.2 Laws and industry rules. You are responsible for your messages' compliance with every law and rule that applies to them, including the Telephone Consumer Protection Act (TCPA) and the FCC's rules under it, the Telemarketing Sales Rule and the National Do Not Call Registry, state telemarketing and "mini-TCPA" laws, CAN-SPAM where applicable, Canada's Anti-Spam Legislation (CASL) and CRTC rules for Canadian recipients, the Fair Debt Collection Practices Act and Regulation F for collection messages, the CTIA Messaging Principles and Best Practices, and carrier codes of conduct.

3.3 Consent evidence. You warrant that you have the consent applicable law requires for every recipient, and that you will produce your evidence of it within five (5) business days of our request, or sooner if a carrier or regulator requires it.

3.4 Content monitoring. To protect recipients and the network, we and our carriers screen message content and metadata automatically, as described in Messaging Policy §9 and the Privacy Policy. You consent to that screening, and you are responsible for any notice to or consent from your recipients that applicable law requires for it.

3.5 Enforcement. We may filter, block, or refuse any message; pause a campaign; suspend a key, number, or account; or terminate an account that we reasonably believe violates these Terms or the Messaging Policy, harms deliverability or the network, risks fraud, or exposes us, carriers, or recipients to harm or liability. We will give notice where practicable and act without notice where necessary. We may share information about the traffic involved with carriers, aggregators, registries, and authorities as needed to operate the network or comply with law.

4. Fees, Billing, and Carrier Charges

4.1 Fees. Usage-based fees are listed at https://joinsimplesms.com/pricing and are charged in USD. Phone verification is billed only on successful verification. Number rentals are billed monthly and prorated. We may change rates with at least 14 days' notice via the console or email.

4.2 What counts as sent. A message is billable once a carrier accepts it, whether or not the carrier or handset later filters, delays, or fails to deliver it. Messages we block before submission, and sends that fail before reaching a carrier, are not billed.

4.3 Carrier and registration charges. You will pay, at cost, any carrier surcharges, registration and vetting fees (for example brand, campaign, and toll-free verification fees), and any fine, penalty, or pass-through fee a carrier, registry, or regulator imposes because of your traffic or registration information. These are non-refundable, including when a registration is rejected.

4.4 Fraudulent traffic. You are responsible for fees for traffic sent from your account, including artificially inflated traffic ("SMS pumping") triggered through forms or flows you operate. We run fraud controls on verification and sending, but we do not guarantee they stop every attack.

4.5 Payment. You authorize us to charge your payment method for fees as they are invoiced. Amounts not paid when due may accrue interest at 1.5% per month (or the highest lawful rate, if lower), and we may suspend the Service for non-payment after notice. You must raise any billing dispute within 60 days of the charge. You are responsible for all taxes other than taxes on our income. Fees are non-refundable except where required by law or expressly stated.

5. Phone Numbers

Numbers are provisioned from telecommunications carriers and remain subject to carrier and regulatory rules; we (or our carrier) are the carrier of record, and you receive a right to use the number, not ownership. Numbers released by you, reclaimed for non-payment, reclaimed after 90 days without traffic (with notice), or reclaimed for violation of the Messaging Policy may be reassigned. We will cooperate with a request to port a number out where the number type supports it and your account is in good standing; you may not acquire numbers for the purpose of porting them elsewhere.

6. Your Data

6.1 Ownership. As between the parties, you own all content you submit or receive through the Service, including message bodies, media, contact data, and recipient numbers ("Customer Content"). You grant us a worldwide, limited license to host, copy, transmit, process, and display Customer Content only as needed to provide, secure, and support the Service, to prevent fraud and abuse, and to comply with law.

6.2 Processing role. For Customer Content and other personal data about your recipients, you are the controller (or "business") and we are your processor (or "service provider"), and the Data Processing Addendum applies automatically. Our handling of account and website data, where we decide the purposes, is described in the Privacy Policy.

6.3 No training, no selling. We do not sell Customer Content, use it for advertising, or use it to train general-purpose AI models. Automated and AI processing of Customer Content is limited to the purposes in Privacy Policy §4.

6.4 Usage data. We may use metadata about how the Service is used (for example volumes, latencies, error rates, and fraud signals) to operate and improve the Service, and may publish it only in aggregated form that does not identify you or any recipient.

6.5 Sensitive data. You may not use the Service to send or store payment card numbers, bank account credentials, government ID numbers (such as Social Security numbers), passwords, or protected health information (PHI) as defined by HIPAA, except the one-time codes the Verify API generates. We do not sign HIPAA business associate agreements and the Service is not PCI DSS validated for cardholder data.

7. Legal Requests

We respond to subpoenas, court orders, warrants, and similar legal process directed at Customer Content or account data only when they are valid and properly served. We require a warrant (or its equivalent) to disclose message content, except in an emergency involving risk of death or serious physical injury. Where the law allows, we will notify you before disclosing your data so you can seek protection, and we will direct the requester to you first where practical. Legal process should be sent to legal@deliveredsms.com.

8. Intellectual Property and Feedback

We own the Service and all related intellectual property; these Terms grant you a limited, non-exclusive, non-transferable right to use it during your subscription. You will not reverse engineer, resell, or build a competing service by copying the Service, nor circumvent usage limits or security controls. If you send us feedback or suggestions, we may use them without restriction or payment. Our SDK, CLI, and agent skills are also offered under the open-source licenses published with them, which govern those components where they conflict with this section.

Copyright complaints. If you believe content transmitted through the Service infringes your copyright, send a notice to legal@deliveredsms.com that identifies the work, the infringing material and where it appears, your contact details, a statement of good-faith belief that the use is unauthorized, and a statement under penalty of perjury that the notice is accurate and that you are authorized to act for the owner, with your physical or electronic signature. We will act on valid notices and may terminate repeat infringers.

9. Confidentiality

Each party will protect the other's non-public business, technical, and pricing information disclosed under these Terms with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers who need it and are bound to keep it confidential, or as required by law (with prior notice where lawful). These obligations last for three years after termination, and indefinitely for trade secrets.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". Message delivery depends on telecommunications carriers we do not control; we do not guarantee that any message will be delivered, delivered within any time, or delivered without filtering. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No emergency services. The Service does not support calls or texts to 911 or any other emergency number, cannot transmit a location to emergency services, and must not be relied on for emergency communications or for any use where failure or delay could lead to death, injury, or property damage.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUES, OR DATA. OUR TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR BREACH OF SECTION 3 OR THE MESSAGING POLICY, OR YOUR OBLIGATIONS UNDER SECTION 12.

12. Indemnification

You will defend and indemnify Truelabel Inc, its affiliates, and their personnel against claims, fines, penalties, and costs (including reasonable attorneys' fees) arising from your messages, your Customer Content, your use of the Service by or for your own customers, or your breach of these Terms or the Messaging Policy, including claims under the TCPA, state telemarketing laws, or similar laws, carrier and registry fines, and claims by message recipients.

We will defend you against a third-party claim that the Service, as we provide it, infringes that party's US intellectual property rights, and pay the resulting damages awarded or agreed in settlement. This does not cover Beta Features, free or sandbox use, Customer Content, or combinations with anything we did not provide. If such a claim arises, we may modify the Service, obtain a license, or end the affected part and refund prepaid fees for it.

The indemnified party must give prompt notice, let the indemnifying party control the defense, and reasonably cooperate. These obligations survive termination.

13. Term, Suspension, and Termination

You may stop using the Service and close your account at any time. Either party may terminate for the other's material breach that remains uncured 15 days after notice. We may suspend or terminate as described in Sections 3 and 4 without a cure period, or end the Service for convenience with 30 days' notice. On termination, your right to use the Service and your numbers ends, fees accrued through termination become due, and we will delete Customer Content as described in the DPA and Data Retention. Sections 4, 6, 7, 8 (feedback), 9 through 12, 14, and 15 survive termination.

14. Disputes

14.1 Governing law. These Terms are governed by the laws of the State of Wyoming, excluding its conflicts rules, and by the Federal Arbitration Act.

14.2 Informal resolution first. Before starting arbitration, a party must send the other a written description of the dispute, and the parties will try in good faith to resolve it for 30 days.

14.3 Arbitration. Any dispute arising from these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Wyoming (hearings may be held by video). Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court, or seek injunctive relief in court to protect its intellectual property or confidential information or to stop misuse of the Service.

14.4 No class actions; no jury. Claims may be brought only on an individual basis, not as a plaintiff or class member in any purported class, collective, or representative proceeding. To the extent a claim proceeds in court, each party waives trial by jury. If this class waiver is found unenforceable for a claim, that claim must be brought in the state or federal courts located in Wyoming.

15. General

Changes. We may update these Terms. Material changes will be notified via the console or email at least 14 days before they take effect; continued use after that constitutes acceptance. Notices. We send notices to your account email; send notices to us at legal@deliveredsms.com. Assignment. You may not assign these Terms without our consent; we may assign them in a merger, acquisition, or sale of assets. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier outages and network failures, other than payment obligations. Export and sanctions. You represent that you are not located in a comprehensively sanctioned country or region or named on a US government restricted-party list (including OFAC's SDN list), and you will not use the Service in violation of US export control or sanctions laws. Anti-corruption. Neither party will offer or accept any bribe or improper payment in connection with these Terms. Publicity. We will not use your name or logo in our marketing without your permission. Relationship. The parties are independent contractors, and there are no third-party beneficiaries. Entire agreement. These Terms and the documents they incorporate are the entire agreement regarding the Service; if a provision is unenforceable, the remainder stands, and failure to enforce a provision is not a waiver.

Contact

Truelabel Inc (d/b/a SimpleSMS) 5830 E 2nd St, Ste 7000, PMB 35111, Casper, WY 82609, USA legal@deliveredsms.com