Terms of Service for SMS Messaging

Effective Date: August 6, 2025

These Terms of Service (“TOS”) govern your use of the SMS messaging services (“Service”) provided by Aimes Creations (“Aimes,” “we,” “us,” or “our”). By using the Service, you (“Customer,” “you,” or “your”) agree to these TOS. If you do not agree, do not use the Service.

1. Definitions

  • A2P 10DLC: Application-to-Person 10-digit Long Code messaging system implemented by U.S. carriers to support business SMS at scale.

  • Brand Registration: The process of registering your company (“Brand”) with carriers to use A2P 10DLC.

  • Campaign Registration: The process of registering each SMS campaign’s use case (e.g., marketing, notifications) with carriers.

  • Opt-In: Prior affirmative consent from an end user (“Subscriber”) to receive SMS messages.

  • Opt-Out: The mechanism by which a Subscriber revokes consent (e.g., replying “STOP”).

  • HELP Keyword: A keyword (e.g., “HELP”) that, when sent by a Subscriber, triggers a response with support information.

2. Service Description

Aimes SMS Messaging Service enables you to send and receive text messages to and from Subscribers via A2P 10DLC-compliant 10-digit long codes. The Service includes access to our web portal or API, delivery reports, and standard carrier reporting.

3. Eligibility & Registration Requirements

  1. Brand & Campaign Registration

    • You must complete and maintain up-to-date Brand Registration and Campaign Registration for each use case, per U.S. carrier requirements.

    • You agree to provide accurate information (legal entity name, EIN, URL, etc.) and pay any carrier or registry fees.

  2. Subscriber Consent

    • You must obtain verifiable Opt-In from each Subscriber before sending any message. Implied consent (e.g., sharing a phone number on an order form) is not sufficient unless it meets carrier guidelines.

4. Message Content & Compliance

  1. Permitted Content

    • Transactional: account alerts, two-factor authentication, delivery notifications, etc.

    • Marketing: promotions, coupons, event reminders—only if you have explicit written Opt-In for marketing.

  2. Prohibited Content

    • Illegal, deceptive, or infringing material.

    • Hate speech, adult content, or gambling without proper licensure/registration.

  3. Opt-Out Mechanism

    • Every message must include clear instructions (e.g., “Reply STOP to opt out”).

    • Upon receipt of an Opt-Out request (e.g., “STOP,” “UNSUBSCRIBE”), you must immediately cease messaging that number and send a confirmation message.

  4. HELP Keywords & Support

    • Subscribers must be able to reply with “HELP” (or equivalent) and receive support instructions (e.g., “For help, call 1-801-457-2255”).

  5. Message Frequency & Timing

    • Disclose expected message frequency at Opt-In.

    • Do not send messages outside 8 AM–9 PM local time unless transactional/urgent.

5. Customer Obligations

  • Accuracy & Updates: Keep all Subscriber data, campaign use cases, and contact information current.

  • Compliance Audits: Allow us to audit your use of the Service for compliance with A2P 10DLC, CTIA guidelines, and applicable laws.

  • Usage Limits: Adhere to messaging throughput limits set by carriers and Aimes.

6. Fees & Payment

  • You agree to pay all fees for Brand and Campaign registrations, per-message fees, monthly access fees, and any carrier surcharges.

  • Invoices are due within 15 days of receipt. Late payments may incur interest at 1.5% per month.

7. Data Privacy & Security

  • Subscriber Data: You are responsible for obtaining any required notices or consents regarding Subscriber data and for complying with all data privacy laws (e.g., TCPA, CCPA).

  • Security: Aimes implements industry-standard security measures to protect data in transit and at rest.

8. Warranties & Disclaimers

  • Limited Warranty: Aimes warrants that the Service will materially conform to documentation.

  • Disclaimer: EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AIMES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

9. Limitation of Liability

  • IN NO EVENT WILL AIMES BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

  • AIMES' AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRIOR SIX MONTHS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aimes and its officers, directors, and agents from any third-party claims arising out of your use of the Service, your content, or your violation of these TOS or applicable law.

11. Term, Suspension & Termination

  • Term: These TOS remain in effect until terminated.

  • Suspension: Aimes may suspend Service immediately for violations of these TOS or carrier rules.

  • Termination: Either party may terminate upon 30 days’ written notice. Upon termination, you must pay all outstanding fees.

12. Modifications

We may modify these TOS at any time by posting the revised version on our website. Continued use of the Service after notice constitutes acceptance.

13. Governing Law

These TOS are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Any dispute shall be resolved in state or federal court in Box Elder County, Utah.

14. Contact Information

For support or legal inquiries:
Aimes Creations
Attn: Legal Department
Email: [email protected]
Address: 83 S Main St, Brigham City UT 84302

By using Aimes Creations SMS Messaging Service, you acknowledge that you have read, understood, and agree to these Terms of Service.