Terms of Service
Version 2026-08-24 · Operated by Venture Deals, Co. (Delaware), doing business as SMSkick.
These terms cover your use of smskick. The part that matters most to both of us is section 3: you may only message people who agreed to hear from you. Everything else follows from that.
1. The agreement
By creating an account you accept these terms and the Acceptable Use Policy, on behalf of yourself and the business you represent. If you are accepting for a business, you confirm you are authorised to bind it.
We may change these terms. Material changes get a new version number and we ask you to accept again before you send anything further, so you always know what you agreed to.
2. Your account
You are responsible for what happens under your account, including anything sent with your API keys. Keep them secret; tell us promptly if one leaks. One business per account - do not resell your account or send on behalf of unrelated third parties without telling us.
3. Consent - the part that matters
smskick does not collect opt-ins for you. You gather consent on your own website, at your own checkout, in your own store, and then upload the result. So the promise has to come from you, and it is this:
- Every person you message gave you prior express written consent to receive text messages from your business, before you upload their number.
- You can produce evidence of that consent - what they saw, what they agreed to, when - if a carrier, a regulator, or we ask for it.
- You honour opt-outs. Anyone who replies STOP is suppressed automatically and permanently for your account; you must not re-add them from a later upload.
- You do not buy, rent, scrape, or otherwise acquire lists of people who did not opt in with your business. Consent given to someone else is not consent given to you.
Each time you import a list you confirm this again, for that list specifically. We record who confirmed it, when, and the exact wording they were shown. That record is what protects you if a complaint arrives - and it is only worth having if it is true.
4. Messages you send
Your messages are yours - your content, your business, your relationship with the recipient. You are the sender in the eyes of the law, and you are responsible for the message complying with it. That includes identifying your business, including opt-out instructions where required, and respecting quiet hours in the recipient's local time. smskick enforces quiet hours and opt-outs on your behalf, but the obligation is yours.
5. Credits and payment
Credits are bought in advance and debited per message segment. A message that fails before it reaches a carrier is refunded automatically; a message that is delivered is not. Credits do not expire while your account is open and are not redeemable for cash.
6. Suspension
We may suspend sending - immediately, and without notice where the risk is live - if we see opt-out rates or complaint volumes that suggest a list was not consented, if a carrier tells us to, or if you breach the Acceptable Use Policy. This is not punitive: one bad list can get numbers blocked for every other business on the platform. We will tell you why and, where we can, what would resolve it.
7. Availability
We work to keep the service up, but we do not guarantee uninterrupted delivery. Carriers filter, networks fail, and handsets are off. The service is provided as is, without warranties beyond those the law does not let us disclaim.
8. Liability and indemnity
Our total liability to you is limited to what you paid us in the three months before the claim. We are not liable for indirect or consequential loss.
If someone brings a claim against us because of messages you sent - a TCPA claim, a carrier penalty, a regulator - you cover us for it. This is the natural consequence of section 3: you know who consented and we do not.
9. Your data
Your contacts and message history belong to you. We use them to run the service and to answer compliance questions about your account, and we do not sell them or message your contacts on our own behalf. Close your account and we delete your data, except records we are required to keep - consent attestations among them.
10. Ending it
You can close your account at any time. We may end this agreement with 30 days' notice, or immediately for a breach of section 3 or the Acceptable Use Policy. Unused credits are refunded on our own termination for convenience, and not on termination for breach.
11. Law and contact
These terms are governed by the laws of the State of Delaware. Questions: support@smskick.com.
Venture Deals, Co., 2810 N Church St STE 89020, Wilmington, DE 19802, United States.