Welcome to the ShortySMS site. By using it, you are agreeing to these Terms of Use. Please read them carefully because they contain terms that may affect your legal rights. If you have any questions, contact us here at support@shortysms.com.
When we refer to “you” or “your”, we refer to general users of the site, licensors whose products are listed for sale on the site, and purchasers of such products, or all of the above, depending on the context.
These Terms of Use were last updated on August 26, 2021.
1. Your Acceptance of the Terms of Use
Sumo Group, Inc. (“ShortySMS”, “we” or “us” or “our”) owns and operates the website, www.shortysms.com, the mobile version and subdomains, any sites we have now or in the future, and all services provided in connection with the site (collectively, the “Platform”). If you use the Platform in any manner, you agree to these Terms of Use together with any documents they expressly incorporate by reference. IF YOU DO NOT AGREE TO THE TERMS OF USE, IMMEDIATELY STOP ACCESSING OR USING THE PLATFORM. BY USING THE PLATFORM, YOU HAVE ACCEPTED THE TERMS.
2. Privacy
We will never sell your information to third-party marketers. Your privacy is very important to us. Our Privacy Policy makes important disclosures about how we collect, use and protect your personal information. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy which is incorporated herein by reference and located at http://www.shortysms.com/privacy/.
3. Changes to Terms of Use
ShortySMS reserves the right, at our discretion, to change, modify or otherwise alter the Terms of Use at any time. All changes are effective within ten (10) days after they are initially posted, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you. ShortySMS will make reasonable efforts to provide you with general notice of such changes. Any changes to the Terms of Use will not apply retroactively.
6. Access to the Platform
a. Account Registration. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
b. Account Security. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
c. Changes to Platform. We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
d. Termination. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use. Termination by ShortySMS shall include removal of access to all services, deletion of your password, and deletion of all related information and files.
e. Minimum Age. The Platform is intended solely for persons who are 18 years of age or older. Any access to or use of the Platform by anyone under 18 years of age is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 years old or older. We are super Sumo serious about this provision. No kids please.
7. Use of the Platform
a. Limited License. By using the Platform and accepting these Terms of Use, ShortySMS grants you a limited, personal, nontransferable, nonexclusive revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by ShortySMS.
b. Prohibited Uses. You are expressly prohibited from:
i. Using the Platform for any commercial or competitive purpose whatsoever without the express prior written permission of ShortySMS.
ii. Collecting personally identifiable information about others, including e-mail addresses.
iii. Using the Platform to generate unsolicited sms advertisements or spam
iv. Using any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
v. Using any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
vi. Introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
vii. Taking any action that in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
viii. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm ShortySMS or users of the Platform or expose them to liability.
ix. Otherwise attempt to interfere with the proper working of the Platform.
x. Reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, licensing, selling, trading, or re-selling any content, software, products or services obtained through the Platform without the express permission of ShortySMS.
xi. Using the Platform for cold outreach or other non-marketing messages. When sending SMS and/or MMS to contacts inside the Platform, the user acknowledges that contacts have agreed to receive marketing SMS and/or MMS from the user.
xii. Using the Platform in violation of any forbidden categories. The forbidden categories include high-risk financial services (e.g., payday loans, short term high-interest loans, third-party auto loans, third-party mortgage loans, student loans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, gambling, and “S.H.A.F.T’ use cases (e.g., sex, hate, alcohol, firearms, tobacco). More information on forbidden categories can be found on this page provided by Twilio: https://support.twilio.com/hc/en-us/articles/360045004974-Forbidden-message-categories-for-SMS-and-MMS-in-the-US-and-Canada. The Platform uses Twilio to power backend infrastructure which enables sending of SMS and/or MMS.
c. Right to Terminate Use. ShortySMS reserves the right to determine whether or not your use of the Platform is consistent with the Terms of Use. We may suspend, restrict or terminate your use of the Platform if your use breaches or fails to comply with any of the Terms of Use. Additionally, we may seek any and all other remedies available to us, including seeking damages relating to any breach or failure to comply with any of the Terms of Use.
d. Abuse of Platform. We do not allow any abuse of our Platform. We may, at any time, measure the results of all SMS sent using our Service and, if a campaign performs below what we deem is acceptable on our Platform, terminate or suspend access to our Service immediately with no refund. This is meant to prevent affiliate marketers, spammers, bots, and other types of poor senders from abusing our Platform and affecting sms deliverability for other account holders on our Service.
e. Excessive use of Platform. In rare cases, we may terminate, suspend, or refund Service if we deem excessive use of the Platform. The decision on whether to terminate, suspend, or refund will be made at the sole discretion of the Company. This may include high volume SMS sending or other excessive uses of the Platform as deemed by the Company. We will notify you over e-mail if we plan to terminate, suspend, or refund your Service.
8. User Submitted Content
The Platform may provide you the opportunity to post reviews, advice, comments, ratings, discussions and other content (“User Content”). You agree not to post any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights. You further agree not to post any User Content that contains commercial solicitation. By posting User Content, you grant ShortySMS a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works, and display such User Content throughout the world in any media. ShortySMS reserves the right but not the obligation to review, edit, post, refuse to post, and remove User Content.
10. Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Platform constitutes an infringement on your copyright, please provide notification to the address listed below setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Contact information for ShortySMS’s Copyright Agent for notice of claims of copyright infringement is as follows:
Noah Kagan 1345 E. 6th Street Suite 125 Austin, TX 78702 support@shortysms.com
11. Intellectual Property
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ShortySMS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of ShortySMS, unless and except as is expressly provided in these Terms of Use. Any unauthorized use of the material is prohibited.
12. Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APPSUMO NOR ITS VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OR REPRESENTATION AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, ANY INFORMATION CONTAINED ON THE PLATFORM OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
13. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPSUMO, ITS AFFILIATES, SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF THE PLATFORM, THE CONTENT, USER CONTENT, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INFORMATION AND ANY OTHER INFORMATION CONTAINED IN THE PLATFORM OR SUBMITTED BY YOU TO THE PLATFORM (B) YOUR INABILITY TO USE THE PLATFORM OR ANY SITES LINKED TO IT; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; (D) AFFILIATE OFFERINGS, PRODUCTS ACCESSIBLE THROUGH THE PLATFORM; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A THIRD-PARTY CONTENT PROVIDER OR VENDOR; (F) THESE TERMS OF USE OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL APPSUMO’S LIABILITY IN CONNECTION WITH A PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A THIRD-PARTY CONTENT PROVIDER OR VENDOR.
14. Indemnification and Release
You agree to defend, indemnify and hold harmless ShortySMS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to (a) any violation of the Terms of Use by you (b) your use of the Platform (c) information provided by you to ShortySMS that you submit, transmit or otherwise make available through the Platform or (d) any violation of any rights of another or harm you may have caused. ShortySMS shall retain sole control of the defense of any such claim. This indemnification provision shall be construed broadly in favor of ShortySMS. You are solely responsible for your interactions with other users of the Platform.
ShortySMS is not responsible for interactions between Merchants and Customers. To the extent permitted under applicable laws, Customer hereby releases ShortySMS from: (i) any and all claims or liability related to any Product, regardless of whether such Product is available through the Platform, (ii) any action or inaction by a Merchant, including, without limitation, any harm caused to Customer by action or inaction of a Merchant, or (iii) a Merchant’s or any third-party’s failure to comply with applicable law and/or failure to abide by the terms of a Product wherever purchased or obtained by Customer from the Merchant or any other third-party.
15. Force Majeure
ShortySMS shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from weather conditions or other elements of nature or acts of God, acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion, quarantines or embargoes, labor strikes, error or disruption to major computer hardware or networks or software failures or other causes beyond the reasonable control of ShortySMS.
16. Assignment
You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of ShortySMS. Any attempted assignment that does not comply with these Terms of Use shall be null and void. ShortySMS may assign these Terms of Use in whole or in part, to any third-party in its sole discretion.
17. Entire Agreement
The Terms of Use, including, without limitation, the incorporated Privacy Policy and other terms incorporated by reference, constitute the sole and entire agreement between you and ShortySMS with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
18. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in Travis County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Arbitration
At ShortySMS’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
20. Additional Disclosures
No waiver of by you or ShortySMS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ShortySMS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
21. Cancellation & Refund
Our monthly Empire Add-On is on a month-to-month basis and may be cancelled any time. Requests for cancellation of the service can be handled via a support request. A customer of our Empire Add-On may contact our Support team by emailing at support@shortysms.com. Upon request of cancellation, we may request the customer's reasoning for cancellation. This is optional. For the Company, this cancellation reasoning may be used to improve the product and aggregate anonymous feedback. Upon receipt of a cancellation, the cancellation will be processed within 3-7 business days.
Refunds are only provided within 3 days of initial signup and first billing for Empire Add-On customers. Refunds will be processed within 3-7 business days. If the Company suspects Abuse of Platform, the Company waives the customer right to a refund.
You are contracting with Sumo Group, Inc. Correspondence should be directed to:
Sumo Group, Inc., 1345 E. 6th Street Suite 125 Austin, TX 78702 Attn: Legal Department
The provisions of these Terms of Use apply equally to, and are for the benefit of, ShortySMS, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.