Terms of Use

1. About We Are SMS

We Are SMS provides SMS, messaging, lead engagement, customer communication, AI-assisted outreach, webchat, WhatsApp and campaign management services for businesses.

References to We Are SMS mean the operator of the We Are SMS website and services.

2. Use of the website

The website may be used for lawful business purposes only.

Users must not misuse, damage, overload, interfere with, scrape, copy, reverse engineer or attempt to gain unauthorised access to the website, platform, systems or data.

We Are SMS may update, suspend or remove parts of the website at any time.

3. Use of the services

The services are intended for business use.

Clients must only upload, send or process data that they are legally allowed to use. Clients must have the right permissions, consent or lawful basis to contact recipients.

Clients must ensure campaigns comply with applicable laws, including data protection, privacy, consumer protection, advertising and electronic marketing rules.

4. Client responsibility for data and campaigns

Clients are responsible for the data they provide, the campaign purpose, recipient permissions, consent records, lawful basis, privacy information, message content, opt-out wording, suppression lists and any sector-specific approval requirements.

We Are SMS may support campaign checks and platform controls, but this does not replace the client's own legal, regulatory or compliance responsibilities.

5. SMS, WhatsApp and electronic marketing

Where clients use We Are SMS to send SMS, WhatsApp or other electronic messages, the client is responsible for ensuring those messages comply with applicable rules.

In the UK, this may include UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations.

Clients must not use We Are SMS to send unlawful unsolicited marketing messages.

6. Opt-outs and suppression

Clients must provide recipients with a clear and simple way to opt out of marketing communications.

Where a recipient opts out, the client must stop sending marketing messages covered by that opt-out. Suppression records may be maintained to help prevent further unwanted contact.

7. Prohibited use

We Are SMS must not be used for unlawful marketing, spam, purchased or scraped data without permissions, misleading campaigns, fraud, impersonation, harassment, high-pressure sales, regulated promotions without approval, illegal products or services, harmful content or activity that may damage recipients, clients, networks or We Are SMS.

We Are SMS may investigate, pause, suspend or terminate any account or campaign that may breach these Terms or create risk.

8. AI-assisted features

AI-assisted tools may support message drafting, lead qualification, routing, reply handling, workflow automation, campaign testing or customer engagement.

AI-assisted features support human-led business communication. Clients remain responsible for reviewing and approving campaign content, workflows, replies and outcomes.

AI must not be used to mislead recipients, dishonestly impersonate individuals, pressure vulnerable people or make automated decisions with legal or similarly significant effects without appropriate safeguards.

9. Accounts and security

Account users are responsible for keeping login details secure and for all activity that occurs through their account.

We Are SMS may suspend or restrict access where misuse, unauthorised access, security risk, non-payment or breach of these Terms is suspected.

10. Pricing, credits and payment

Pricing, usage limits, credits, subscription terms, campaign fees and payment terms may be set out on the website, checkout, order form, proposal, invoice or separate agreement.

Unless agreed otherwise, fees are payable according to the agreed payment terms. Failed payment may result in suspension of service.

Specific commercial terms agreed in writing take priority over this section.

11. Service availability

We Are SMS aims to provide reliable access to the website and services but does not guarantee that they will always be uninterrupted, error-free or available.

Delivery may be affected by maintenance, updates, third-party providers, mobile networks, internet issues, technical faults, carrier filtering, incorrect data, recipient devices or events outside reasonable control.

12. Third-party services

The services may connect with third-party messaging providers, CRMs, payment systems, analytics tools, automation tools, hosting services, calendar tools or other integrations.

Third-party services may be subject to their own terms and policies. We Are SMS is not responsible for third-party availability, functionality, security or changes.

13. Intellectual property

Website content, branding, software, designs, workflows, platform features, text, graphics and materials belong to We Are SMS or its licensors unless stated otherwise.

Clients retain ownership of their own business data and campaign materials but grant We Are SMS the rights needed to use them for providing the services.

14. Confidentiality

Both parties should keep confidential information private and use it only for the purpose of providing or receiving services.

Confidential information may include customer data, campaign strategy, pricing, business plans, technical information, platform access and commercial arrangements.

15. Data protection

Personal data handling is explained in the We Are SMS Privacy Policy. Where We Are SMS processes personal data on behalf of a client, a separate data processing agreement may be required.

Clients agree to provide information reasonably needed to support compliant processing, including data source, consent status, campaign purpose and opt-out requirements.

16. Limitation of liability

Nothing in these Terms limits liability where it would be unlawful to do so.

To the maximum extent permitted by law, We Are SMS will not be liable for loss of profit, revenue, business, opportunity, goodwill, indirect loss, consequential loss, campaign performance outcomes, third-party failures, mobile network issues or loss caused by inaccurate, unlawful or non-compliant data supplied by a client.

Unless agreed otherwise in writing, total liability is limited to the amount paid for the relevant service in the three months before the event giving rise to the claim.

17. Indemnity

Clients agree to indemnify We Are SMS against claims, losses, damages, fines, costs or expenses arising from breach of these Terms, unlawful data use, non-compliant campaigns, failure to obtain consent or lawful basis, breach of marketing rules or claims made by recipients, regulators or third parties relating to client campaigns.

18. Suspension and termination

We Are SMS may suspend or terminate access if a user breaches these Terms, fails to pay fees, misuses the services, creates legal or compliance risk, harms recipients or networks, or where suspension is required by law, regulation or a third-party provider.

Clients may stop using the services subject to any agreed contract, notice period, payment obligation or commercial terms.

19. Changes to these Terms

We Are SMS may update these Terms from time to time. The latest version should be made available on the website. Continued use of the website or services after changes are made means the updated Terms apply.

20. Governing law

These Terms are governed by the laws of England and Wales. Disputes will be subject to the courts of England and Wales unless another arrangement is agreed in writing.