Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SMSPilot.ai platform, website, and related services (the "Service"), operated by SMSPilot.ai ("SMSPilot," "we," "our," or "us"). By creating an account or otherwise using the Service, you agree to these Terms. If you don't agree, don't use the Service.

1. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to keep it up to date. Notify us at support@smspilot.ai immediately if you believe your account has been compromised.

2. Description of the Service

SMSPilot is an AI-assisted SMS automation and CRM platform built for land investors. The Service provides tools that may include AI-driven conversation handling, lead scoring, property valuation lookups, automated follow-ups, a kanban-style deal pipeline, builder/developer lookups, and integrations with third-party texting platforms.

3. AI disclaimer

The Service uses artificial intelligence and large language models to draft messages, classify intent, suggest offers, and look up information. AI outputs are probabilistic and may be incorrect, incomplete, biased, outdated, or otherwise unsuitable. You acknowledge and agree that:

• You are solely responsible for reviewing AI-generated content before relying on or acting on it.
• AI-generated price quotes, offer levels, negotiation ceilings, valuations, and buyer information are estimates only and are not binding on you, on us, or on any third party until a written agreement is signed.
• Property valuations, comps, and buyer/builder contact information returned by the Service are gathered from public sources and may contain errors. You must independently verify before relying on them.
• SMSPilot is not a real estate broker, agent, appraiser, attorney, accountant, or financial advisor. The Service does not provide legal, tax, financial, real-estate, or other professional advice.
• You are responsible for your own compliance with real estate licensing, appraisal, and consumer-protection laws in your jurisdiction.

4. Your responsibility for outbound texting (TCPA & related laws)

The Service can send SMS messages on your behalf. You are solely responsible for ensuring that every message you send through the Service complies with applicable law, including the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM, state "mini-TCPA" laws (e.g., Florida, Oklahoma, Washington), do-not-call (DNC) lists, the Telemarketing Sales Rule, and any carrier or platform rules. By using the Service, you represent and warrant that:

• You have a legal basis (such as prior express written consent or an applicable exemption) to text every phone number you upload, import, or message through the Service.
• You have scrubbed your lists against the federal and applicable state DNC registries and against internal do-not-contact lists.
• You will honor opt-out requests from recipients promptly and permanently (and will not re-add opt-outs).
• You will not use the Service to send messages that are unlawful, deceptive, harassing, sexually explicit, threatening, or that promote regulated/restricted content (cannabis, firearms, etc.) in violation of carrier rules.
• You will not impersonate any person or entity or misrepresent your identity.

We may suspend or terminate your account, hold or refund prepaid balances, and report violations to carriers or authorities if we reasonably believe you have violated this Section.

5. SMS messaging terms (alerts from us to you)

• By opting in to SMS alerts from SMSPilot, you consent to receive automated text messages from us at the number you provide.
• Message frequency varies. Message and data rates may apply.
• Text STOP to opt out. Text HELP for help. Text START or YES to resubscribe.
• SMS consent is not required to purchase or use the Service.

6. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any law, regulation, or third-party right.
• Send unsolicited messages (spam) or violate the consent requirements of Section 4.
• Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to extract the source code or AI prompts of the Service, except to the limited extent applicable law expressly permits.
• Use the Service to harass, threaten, defraud, or harm any person.
• Resell, sublicense, or provide the Service to third parties as a managed service without our prior written consent.
• Scrape, harvest, or otherwise collect data from the Service except as expressly permitted by the Service's documented features.
• Use the Service to develop a product or model that competes with the Service.

7. Payment, tokens & refunds

Paid features are billed according to the plan or token package you select.

• The Service may use a token wallet model: certain actions (reads, sends, AI calls) consume tokens. New accounts may receive a signup bonus. Tokens are not currency and have no cash value.
• Subscription fees and token top-ups are billed in advance and, except where required by law, are non-refundable.
• Unused token balances are tied to your account and are forfeited on closure of the account except as required by law.
• We may change pricing at any time on at least 30 days' notice for subscriptions; new pricing applies to renewals and new top-ups after the effective date.
• Payment is processed by our payment processor (currently Stripe). You authorize us and our processor to charge the payment method on file for amounts you owe.
• If a payment fails, we may suspend the Service to your account until the balance is paid.

8. Free trial & beta features

We may offer free trials or "beta" / "early access" features. Trials convert to paid plans at the end of the trial period unless cancelled. Beta features are provided "as is" without warranty, may be changed or discontinued at any time, and may carry additional terms. By using beta features you agree to share reasonable feedback with us.

9. Intellectual property

The Service, including its software, models, prompts, design, trademarks, and documentation, is owned by SMSPilot and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved.

10. Your content & license to us

You retain ownership of the data, messages, leads, and other content you submit to the Service ("Your Content"). You grant SMSPilot a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and create derivative works of Your Content solely to (a) provide the Service to you, (b) enforce these Terms, (c) comply with law, and (d) generate aggregated, anonymized statistics and improve the Service. We will not sell Your Content or use the substantive content of your customer conversations to train third-party AI models for the benefit of unrelated parties.

11. Third-party services

The Service integrates with third-party platforms and APIs (such as your texting provider, payment processor, AI providers, and lookup services). Those third parties have their own terms and privacy policies, and we are not responsible for their content or practices. You are responsible for complying with their terms.

12. Termination

You may cancel your account at any time from the platform or by emailing support@smspilot.ai. We may suspend or terminate your access at any time, with or without notice, for:

• Breach of these Terms, including any violation of Section 4 (TCPA) or Section 6 (acceptable use);
• Non-payment;
• Risk of harm to other users, third parties, or the Service;
• Required by law, court order, or carrier rule.

Upon termination, Sections 3, 6, 7, 9, 10 (license-back to us for retained data), 13–17, and 20 survive.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMSPILOT, ITS OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless SMSPilot and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law, including the TCPA, DNC rules, or carrier rules; (d) Your Content; or (e) any messages you send through the Service.

16. Governing law & dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally within 30 days will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Dallas, Texas. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.

17. Class action waiver

YOU AND SMSPILOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

18. Force majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, civil unrest, government action, labor disputes, power or telecom outages, internet disruptions, cyber-attacks, pandemics, or third-party platform outages.

19. Changes to the Service or Terms

We may modify the Service at any time, including by adding, changing, or removing features. We may also update these Terms; we will revise the "Last updated" date and, for material changes, provide additional notice (e.g., email or in-platform notice). Continued use of the Service after the changes take effect is your acceptance of the updated Terms. If you do not agree to a change, your sole remedy is to stop using the Service.

20. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any order forms or in-product terms, are the entire agreement between you and SMSPilot regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates an agency, partnership, or joint venture.
• Notices. We may give notice to you by email to the address associated with your account, in-platform notice, or by posting on the website.

21. Contact

For questions about these Terms, contact:

SMSPilot.ai
Email: support@smspilot.ai
Mail: 16441 Pleasant Mill Rd, Wedowee, AL 36278